MINUTES OF
Board of Regents
of
Stephen F. Austin State University
V0LIN2 UO. 10
JANUARY 29, 1972
Minutes of the Meeting of the Board of Regents of Stephen
F. Austin State University held in Dallas, Texas
January 29, 1972
VOLUME NO. 10
Page
72-30 Approval of Minutes of Previous Meetings 70=2
72-31 Election of University President 10-2
72-32 Faculty and Staff Appointments 10-2
72-33 Faculty and Staff Resignations 10-3
72-34 Approval of Changes in Status 10-4
72-35 Approval of Leave of Absence 10-5
72-36 Approval of Promotions 10-5
72-37 Adoption of Resolution in Memory of Mr. Paul S. Wilson 10-6
72-38 Approval of Curriculum Items 10-8
72-39 Approval for Permission to Petition Coordinating Board
for a Major in Criminal Justice 1040
72-40 Approval of Architectural Contract - P. E. Complex 1040
72-41 Approval of Easement for Electrical Transmission Line
to Texas Power § Light Company 10-31
72-42 Approval of Depository Agreements IO-34
72-43 Approval of a Resolution Concerning Certificates of Deposit 10-50
72-44 Approval of Easement to Highway Department to Widen
Starr Avenue 10-50
72-45 Approval for University to Pay to Council of Governing
Boards a Set Amount Per Headcount Enrollment 10-55
72-46 Approval of Resolution Authorizing University Comptroller
to Take Action of Refunding and Issuing Bonds 10-55
72-47 Approval of Increase in Student Building Use Fee 10-55
72-48 Approval of Order Regarding University Employees
Who File for Public Office 10-56
MINUTES OF THE MEETING OF THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT DALLAS, TEXAS
January 29, 1972
The meeting was called to order by R. E. McGee, Chairman of
the Board of Regents, at 10:00 a.m., January 29, 1972.
PRESENT:
Members: Mr. R. E. McGee of Houston
Mr. Robert C. Gray of Austin
Mrs. Lera Thomas of Houston
Mr. Walter Todd of Dallas
Mr. Douglas Bergman of Dallas
Mr. Joe Bob Golden of Jasper
Mr. James I. Perkins of Rusk
Mr. Sam Tanner of Beaumont
ABSENT: Member: Mr. Roy Maness of Beaumont
PRESENT: Mr. C. G. Haas of Nacogdoches, Secretary
Dr. R. W. Steen, President of the University
72-30
Upon motion of Regent Gray, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that the minutes of the meetings
of October 16, 1971, and December 18, 1971, be approved.
72-31
Upon motion of Regent Todd, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that Dr. R. W. Steen be elected
President of Stephen F. Austin State University for the academic
year 1972-73, and that he be commended for his outstanding service.
72-32
Upon motion of Regent Golden, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the following individuals be
employed for the positions, dates and salaries indicated:
1. Department of Biology
Mrs. Annette S. Dawson, 32, M.S. (Stephen F. Austin State
University), Instructor of Biology (half-time) at a salary rate
of $2,000 for four and one-half months, effective Spring
Semester, 1972, only.
Dr. McHenry L. Stiff, III, 47, Ph.D. (University of Virginia),
Visiting Professor of Biology at a salary rate of $6,750 for
four and one-half months, effective Spring Semester, 1972,
only.
2. Department of Music
Mrs. Shirley Watterston, 32, M.S. (University of Wisconsin),
Instructor of Music (quarter-time) at a salary rate of $900
for four and one-half months, effective Spring Semester,
1972, only.
3. Department of School Services
Mrs. Ida Baty Anderson, 33, M.Ed. (Stephen F. Austin State
University), Instructor of School Services at a salary rate
of $9,000 for nine months, effective Spring and Summer
Semesters, 1972, only.
4. Student Life Division
Mr. Robert Patrick Carroll, 31, M.D. (University of Virginia),
Physician, Health Services, at a salary rate of $22,000 for
ten and one-half months, effective January 1, 1972.
10-2
Mrs. Patricia Lynn Fries, 26, B.S. (Texas Tech University),
Lab Technician, Health Services, at a salary rate of $7,200
for twelve months, effective January 10, 1972.
Mr. Vince Louis Lembo, 24, B.A. (Florida Atlantic University),
Director of Residence Hall Programs, Housing, at a salary
rate of $600.00 per month for six months, effective January
3, 1972.
Mr. Frank Earl Manion, 42, Vending Route Man, University
Center Administration, at a salary rate of $6,100 for twelve
months, effective October 15, 1971.
5. Business Manager's Office
Mr. David Weldon Fry, 26, B.S. (Stephen F. Austin State
University), Assistant Business Manager for Personnel, at
a salary rate of $10,000 for twelve months, effective
January 1, 1972.
6. Maintenance
Mr. Raymond H. Greene, 39, M.B.A. (Texas Christian University),
Resident Engineer and Plant Superintendent, at a salary rate of
$16,000 for twelve months, effective January 1, 1972.
72-33
Upon motion of Regent Todd, seconded by Regent Gray, with all Regents
voting aye, it was ordered that the following resignations be accepted:
1. Department of English
Mr. Charles Ashley Petty, Instructor of English, effective
May 31, 1972. Mr. Petty resigned to resume graduate study
on a full-time basis.
2. School of Forestry
Mr. Billy John Earley, Instructor of Forestry (part-time),
effective January 11, 1972. Mr. Earley resigned to run
for public office.
3. Department of Political Science
Mr. David Foster Hales, Assistant Professor of Political
Science, effective May 31, 1972. Mr. Hales resigned to
resume graduate study on a full-time basis.
10-3
4. Student Life Division
Mr. Emerson A. Botkin, Night Maintenance Supervisor,
University Center Administration, effective December
6, 1971. Mr. Botkin is accepting other employment.
Mr. Ben K. Burke, Head Chef, University Center Cafeteria,
effective October 31, 1971. Mr. Burke is accepting other
employment.
Mr. Tony J. Jordan, Vending Route and Repairman, University
Center Administration, effective September 30, 1971. Mr.
Jordan found the working conditions unsatisfactory.
Mr. Vernon Lee Lane, Store Room Clerk, East College Cafeteria,
effective October 31, 1971. Mr. Lane is accepting other
employment.
Mrs. Janice Sue McLauchlin, Laboratory Technician, Health
Services, effective December 31, 1971. Mrs. McLauchlin is
moving from Nacogdoches.
72-34
Upon motion of Regent Perkins, seconded by Regent Bergman, with all
Regents voting aye, it was ordered that the following changes in
status be approved:
1. Department of Biology
Mr. Byron Van Dover, Assistant Professor of Biology, from
a salary rate of $11,500 for nine months to $11,200 for
nine months, effective January 1, 1972. Mr. Van Dover
failed to complete the requirements for the Ph.D. degree,
2. Department of Chemistry
Mr. Wayne C. Boring, Assistant Professor of Chemistry,
from a salary rate of $11,600 for nine months to $11,200
for nine months, effective January 1, 1972. Mr. Boring
failed to complete the requirements for the Ph.D. degree.
3. Department of Computer Science
Mrs. Camille Cook Price, Instructor of Computer Science,
from a salary rate of $4,500 full-time (Fall Semester) to
$1,125 quarter-time, effective Spring Semester, 1972, only.
4. Department of Psychology
Dr. Jerry Neal Lackey, Assistant Professor of Psychology,
from a salary rate of $10,400 for nine months to $10,900
for nine months, effective November 1, 1971. The increased
10-4
salary reflects the completion of the Ph.D. degree.
5. Department of Speech
Mr. William E. Knabe, Associate Professor of Speech and
Head of Department, to Assistant Professor of Speech and
Head of Department, effective January 1, 1972. Mr. Knabe
failed to complete the requirements for the Ph.D. degree,
which is required for the higher rank. No reduction in
salary is recommended because of Mr. Knabefs administrative
duties as Department Head.
6. Maintenance
Mr. James C. Harkness, Acting Director of Physical Plants
at $13,500 for twelve months, to Assistant Plant Superin
tendent at $12,500 for twelve months, effective January
1, 1972.
7. Student Life Division
Dr. Ralph Bailey, University Physician at a salary of
$23,000, to University Physician and Director of University
Health Services at a salary of $24,500 for ten and one-half
months, effective January 1, 1972.
72-35
Upon motion of Regent Golden, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that the following leave of
absence be granted:
1. Department of Office Administration
Mr. Marlin Celeste Young, Assistant Professor of Office
Administration, for the 1972-73 academic year, in order
that he may satisfy the residence requirement for the Ph.D.
degree.
72-36
Upon motion of Regent Perkins, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the following promotions
be approved:
1. Department of Management
Mrs. Janelle C. Ashley from Assistant Professor to
Associate Professor of Management, effective January
1, 1972. Salary rate will be $12,500 for nine months.
The change in rank and salary reflects the completion
of the Ph.D. degree.
10-5
2. Student Life Division
Mr. Gerald Lynn Black, from Custodian (hourly) to Catering
Supervisor, effective November 1, 1971. Mr. Black is being
promoted to fill the position vacated by Edgar Kirby Darnell
The salary rate will be $6,600 for twelve months.
Mr. Winford Earl Boney, from Food Production Supervisor to
Head Chef, University Center Cafeteria, effective November
1, 1971. Mr. Boney is being promoted to fill the position
vacated by Ben Burke. The salary rate will be $7,600 for
twelve months.
Mr. Edgar Kirby Darnell, from Catering Supervisor to Food
Production Supervisor, effective November 1, 1971. Mr.
Darnell is being promoted to fill the position vacated by
W. E. Boney. The salary rate will be $7,000 for twelve
months.
72-37
Upon motion of Regent Bergman, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the name of Paul S. Wilson,
Plant Superintendent, be removed from the faculty and staff list,
effective November 30, 1971, and that the following resolution be
adopted:
10-6
RESOLUTION OF THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
ADOPTED JANUARY 29, 1972
IN MEMORY OF PAUL S. WILSON
For more than a quarter of a century, Paul S. Wilson's name was inextricably linked with
the name and destiny of Stephen F. Austin State University. First as a student, who received both
baccalaureate and graduate degrees and concurrently distinguished himself in extra-curricular activities
as well, and then as a staff member, who from September 1, 1951, forward directed the complex
operations of the physical plant - - as student and official, Mr. Wilson clearly marked innumerable
contributions that he made to the continuous growth and general progress of the university. What is
perhaps not so clearly delineated, however, is the equally vital service that Mr. Wilson rendered, often
out of the public view, in behalf of the university among state and national governing bodies. A dis
tinguished member of the Texas Legislature before joining the staff of the university, Mr. Wilson enjoyed
the respect of governmental officials on many levels.
But just as the influence of the university is not confined to its campus, the labors of
Mr. Wilson proved beneficial also to the city of Nacogdoches, where he resided and reared his family and
where he rendered extensive civic service; to the Deep East Texas area where his roots ran deep; and,
indeed, to the nation itself.
It is thus with the deepest admiration of and gratitude for the service of Paul S. Wilson and
with a profound sense of personal loss in his untimely death October 23, 1971, that the Board of
Regents of Stephen F. Austin State University adopts this memorial resolution.
10-7
72-38
*Upon motion of Regent Todd, seconded by Regent Gray, with all Regents
voting aye, it was ordered that the following curriculum items
approved by the University undergraduate and graduate curriculum
committees be approved:
COURSES ADDED: (Curriculum Committee)
Department and Number Title
Hours
Credit
Elementary Education 332
School Services 320
School Services 321
School Services 322
School Services SSV 340
School Services SSV 341
School Services SSV 392
School Services SSV 440
School Services SSV 492
Sociology 300
Sociology 301
Sociology 302
The Young Child 4
Legal Aspects of Corrections 3
as they Relate to Rehabilitation
Rehabilitation in Probation 3
and Parole
Rehabilitation: Alcohol and 3
Drug Abuse
The Eye, Its Function and Health 3
Methods of Communication for 4
the Blind
Social Welfare Legislation 3
Orientation and Mobility: 5
Principles and Practice
Social Welfare: Services, 3
Policies, Issues, and Programs
The Criminal Justice System 3
in America
The Law and Criminal Justice 3
Criminal and Delinquent Behavior 3
COURSES TO BE REVISED: (Curriculum Committee)
Department and
Number Title and Credit
Elementary Education 328 The Young Child 3
Elementary Education 331 Learning and the
Young Child 3
English 231 Short Stories and
Dramas 3
English 232 Poetry and Novels 3
Forestry 111
*Forestry 411
*General Business 337
Introduction to
Forestry 2
Forest Management 4
Government Regula
tion of Business 3
New
No. New Title and Credit
328 Kindergarten Education 4
331 Learning and the Young Child 4
231 World Literature: Ancient
to the Renaissance 3
232 World Literature: Since the
Renaissance 3
111 Introduction to Forestry 3
411 Forest Management 3
437 Government Regulation of
Business 3
*Submitted for Graduate Credit
10-8
COURSliS TO Hi; RJiVrsiil): (Curriculum Committee) (Continued)
Department and New
^^ Title and Credit No^ New Title and Credit
School Services SSV 290 Introduction to Social 290 Introduction to Social Welfar,
Rehabilitation Services 3 and RphaKi i -n-*^™ c
School Services SSV 381 Methods and Techniques 381 ^hodfa^d SSS^iTT"" '
in Social and Rehabil- Social Welfare and Reliability
e . . n . itation Services 3 tion
School Services SSV 385 Supervised Field Study 385 Supervised Field Experience ir
in Social and Rehabil- Social Welfare and Rehabilitc
c v. ■> „ tation Services 3 tion Services S
School Services SSV 386 Seminar in Social and 386 Seminar in Social Welfare and
Rehabilitation Ser- Rehabilitation Services 3
vices 3
School Services SSV 403 Internship in Social 403 Internship in Social Welfare
and Rehabilitation and Rehabilitation Services 3
Services 3
School Services SSV 404 Internship in Social 404 Internship in Social Welfare
and Rehabilitation and Rehabilitation Services
Services II 3 n 3
COURSES TO BE DELETED: (Curriculum Committee)
Department and Number Title and Credit
*Elementary Education 461 Creative Arts for Young Children 3
COURSES ADDEDr (Graduate Council)
Department and Number Title Sedit
Elementary Education 535 Creative Arts for Young Children 3
History 580 Teaching History at the College Level 3
Political Science 570 Advanced Research Topics in Political 3
Science
Theatre 534 Dramatic Production 3
Theatre 557 Dramatic Theory and Criticism 3
COURSES TO BE REVISED: (Graduate Council)
Department and New
NuEbei: Title and Credit No^ New Title and Credit
Political Science 503 Seminar in Twentieth Century 503 Seminar in Political
Political Thought 3 Thought 3
'Submitted for Graduate Credit
10-9
10
72-39
Upon motion of Regent Perkins, seconded by Regent Bergman, with all
Regents voting aye, it was ordered that permission be granted to
petition the Coordinating Board to offer a major in Criminal Justice
72-40
Upon motion of Regent Tanner, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the contract with Kent,
Marsellos § Scott for architectural services in the design and
supervision of the construction of a physical education complex
be approved and the Chairman of the Board authorized to sign the
contract, as follows:
10-10
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CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES J
THE STATE OF TEXAS )
COUNTY OF NACOGDOCHES j
THIS AGREEMENT made as of the Twenty-Ninth day of January in
the year Nineteen Hundred and Seventy Two and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHESf
TEXAS acting herein by and through its President, hereinafter called the
Owner, and KENT, MARSELLOS AND SCOTT, ARCHITECTS - ENGINEERS,
Lufkin, Texas, hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus
of Stephen F. Austin State University, Nacogdoches, Texas, A PHYSICAL
EDUCATION COMPLEX, hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Paragraph
1. 1; for new work seven percent (7.0%) of the project construction
cost; and for remodeling work 1/3 greater or nine and 33/100 percent
(9.33%) of the project construction cost; hereinafter referred to as
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the Basic Rate, and such other payments and reimbursements as may
hereinafter be provided, but all such payments and every payment
herein provided shall be from Constitutional Tax Building Funds
and other funds available to the Owner for expenditure for the use of
Stephen F. Austin State University.
b) For the Architects Additional Services as described in Paragraph
1.3 Compensation for Principals1 employees, and consultants
time as agreed upon between the Owner and the Architect.
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
III. The Architect and the Owner further agree to the following Terms and
Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1. 1 BASIC SERVICES
The Architects Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engineer
ing services.
SCHEMATIC DESIGN PHASE
1. 1. 1 The Architect shall consult with the Owner to ascertain the requirements
of the Project and shall confirm such requirements to the Owner.
1. 1.2 The Architect shall prepare Schematic Design Studies consisting of draw
ings and other documents illustrating the scale and relationship of
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Project components for approval by the Owner,
1. 1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1. 1.4 The Architect shall prepare from the approved Schematic Design
Studies, for approval by the Owner, the Design Development Docu
ments consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to structural, mechani
cal and electrical systems, materials and such other essentials as
may be appropriate.
1. 1. 5 The Architect shall submit to the Owner a further Statement of
Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1. 1.6 The Architect shall prepare from the approved Design Development Docu
ments, for approval by the Owner, Working Drawings and Specifications
setting forth in detail the requirements for the construction of the entire
Project including the necessary bidding information, and shall assist in
the preparation of bidding forms, the Conditions of the Contract, and the
form of Agreement between the Owner and the Contractor.
1. 1. 7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in
requirements or general market conditions.
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1. 1. 8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over the
Project.
BIDDING OR NEGOTIATION PHASE
1. 1. 9 The Architect, following the Owner's approval of the Construction Docu
ments and of the latest Statement of Probable Construction Cost, shall
assist the Owner in obtaining bids or negotiated proposals, and in
awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1. 1. 10 The Construction Phase will commence with the award of the Construction
Contract and will terminate when the final Certificate for Payment is
issued to the Owner.
1. 1. 11 The Architect shall provide Administration of the Construction Contract
as set forth in Articles 1 through 14 inclusive of the latest edition of
AIA Document A201, General Conditions of the Contract for Construction,
and the extent of his duties and responsibilities and the limitations of
his authority as assigned thereunder shall not be modified without his
written consent.
1. 1. 12 The Architect, as the representative of the Owner during the Construction
Phase, shall advise and consult with the Owner. The Architect shall have
authority to act on behalf of the Owner to the extent provided in the General
Conditions unless otherwise modified in writing.
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10-14
15
1. 1. 13 The Architect shall at all times have access to the Work wherever it
is in preparation or progress.
1. 1. 14 The Architect shall make periodic visits to the site to familiarize
himself generally with the progress and quality of the Work and to
determine in general if the Work is proceeding in accordance with the
Contract Documents. On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not
be required to make exhaustive or continuous on-site inspections to
check the quality or quantity of the Work. The Architect shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, and he shall not be responsible for the Contractor's
failure to carry out the Work in accordance with the Contract Documents.
1. 1. 15 Based on such observations at the site and on the Contractor's Applications
for Payment, the Architect shall determine the amount owing to the
Contractor and shall issue Certificates for Payment in such amounts.
The issuance of a Certificate for Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architect's observations
at the site as provided in Subparagraph 1. 1. 14 and on the data comprising
the Application for Payment, that the Work has progressed to the
point indicated; that to the best of the Architect's knowledge, information
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10-15
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and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor deviations
from the Contract Documents correctable prior to completion, and to
any specified qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for
what purpose the Contractor has used the moneys paid on account of the
Contract Sum.
1. 1. 16 The Architect shall be, in the first instance, the interpreter of the
requirements of the Contract Documents and the impartial judge of the
performance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating to
the execution and progress of the Work and on all other matters or
questions related thereto. Thfe Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Contract
Documents.
1. 1. 17 The Architect shall have authority to reject Work which does not conform
to the Contract Documents. Whenever, in his reasonable opinion, he
considers it necessary or advisable to insure the proper implementation
of the intent of the Contract Documents, he will have authority to require
special inspection or testing of any Work in accordance with the pro
visions of the Contract Documents whether or not such Work be then fabricated,
10-16-
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installed or completed.
1. 1. 18 The Architect shall review and approve shop drawings, samples and
other submissions of the Contractor only for conformance with the
design concept of the Project and for compliance with the information
given in the Contract Documents.
1. 1. 19 The Architect shall prepare Change Orders.
1. 1.20 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1. 1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractors or Sub
contractors1 agents or employees, or any other persons performing
any of the Work.
1. 1.22 If Federal Funds are available for the Project the Architect will:
1. Attend a preconstruction conference.
2. Obtain a subcontractor listing from prime contractors for
securing clearance for their use from the ROFEC. (This
clearance is necessary to assure that subcontractors are not
disqualified from participating in Federally assisted con
struction projects. )
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3# Make a site visit at least monthly.
4. If requested by the applicant, prepare and submit a monthly
construction report (Exhibit 2) to both the applicant and the
ROFEC. (Office of Education and National Institutes of Health
projects only.)
5. Prior to final construction inspection by the ROFEC representa
tive, furnish to the applicant a tabulation of as-built building
areas consisting of gross area, total assignable area, project
assignable area, and instructional and library area.
(Higher Education projects only. )
6. Make a joint final inspection of construction with the applicant,
contractor, ROFEC representative, and a representative of the
State agency (if applicable).
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2. 1 If more extensive representation at the site than is described under Sub-paragraphs
1# 1. 10 through 1. 1.21 inclusive is required, and if the Owner
and Architect agree, the Architect shall provide one or more Full-Time
Project Representatives to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compensated therefor
as mutually agreed between the Owner and the Architect as set forth
in an exhibit appended to this Agreement.
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1.2.3 The duties, responsibilities and limitations of authority of such Full-Time
Project Representatives shall be set forth in an exhibit appended to this
Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representatives
of the Work in progress, the Architect shall endeavor to provide further
protection for the Owner against defects in the Work, but the furnishing
of such project representation shall not make the Architect responsible
for construction means, methods, techniques, sequences or procedures,
or for safety precautions and programs, or for the Contractor's failure
to perform the Work in accordance with the Contract Documents.
1. 3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by the Owner,
they shall be paid for by the Owner as hereinbefore provided.
1.3. 1 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the Project.
1.3.2 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.3 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.4 Making major revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or instructions
previously given and are due to causes beyond the control of the Architect.
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1.3.5 Making investigations involving detailed apprais;.i.ls and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
1.3.6 Providing consultation concerning replacement of any Work damaged by
fire or other cause during construction, and furnishing professional
services of the type set forth in Paragraph 1. 1 as may be required
in connection with the replacement of such Work.
1.3.7 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.8 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.9 Providing services of professional consultants for other than the normal
structural, mechanical and electrical engineering services for the Project.
1.3. 10 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted
architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2. 1 The Owner shall provide full information regarding his requirements for
the Project.
2.2 The Owner shall designate, when necessary, a representative authorized
to act in his behalf with respect to the Project. The Owner or his repre-
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scntativc shall examine documents submitted by the Architect and
shall render decisions pertaining thereto promptly, to avoid unreason
able delay in the progress of the Architect's work.
2.3 The Owner shall furnish a certified land survey of the site giving,
as applicable, grades and lines of streets, alleys, pavements and
adjoining property; rights -of-way, restrictions, easements, encroach
ments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and complete data pertaining to existing buildings,
other improvements and trees; and full information concerning avail
able service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percolation
tests, air and water pollution tests, ground corrosion and resistivity
tests and other necessary operations for determining subsoil, air and
water conditions, with appropriate professional interpretations thereof.
2. 5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2. 6 The Owner shall furnish such legal, accounting, and insurance counsel
ling services as may be necessary for the Project, and such auditing
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services as he may require to ascertain how or for what purposes the
Contractor has used the moneys paid to him under the Construction
Contract.
2. 7 The services, information, surveys and reports required by Paragraphs
2.3 through 2. 6 inclusive shall be furnished at the Owner*s expense,
and the Architect shall be entitled to rely upon the accuracy and com
pleteness thereof.
2. 8 If the Owner observes or otherwise becomes aware of any fault or
defect in the Project or non-conformance with the Contract Documents,
he shall give prompt written notice thereof to the Architect.
2. 9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3. 1 The Construction Cost to be used as the basis for determining the
Architect's Basic Compensation shall be the total cost or estimated cost
to the Owner of all Work designed or specified by the Architect, which
shall be determined as follows, with precedence in the order listed:
3. 1. 1 For completed construction, the total cost of all such Work;
3. 1. 2 For Work not constructed, (1) the lowest bona fide bid received from a
qualified bidder for any or all of such Work, or (2) if the Work is not
bid, the bona fide negotiated proposal submitted for any or all of such
Work; or
10-22
-12-
23
3. 1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and consultants, the cost of the land, rights-of-way, or other costs which
are the responsibility of the Owner as provided in Paragraphs 2.3 through
2.6 inclusive.
3.3 Labor furnished by the Owner for the Project shall be included in the
Construction Cost at current market rates including a reasonable allowance
for overhead and profit. Materials and equipment furnished by the Owner
shall be included at current market prices, except that used materials
and equipment shall be included as if purchased new for the Project.
3.4 Statements of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractor^ methods
of determining bid prices, or over competitive bidding or market condi
tions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost
or other cost estimate prepared by him.
-13-
10-23
24
3. 5 When a fixed limit of Construction Cost is established as a condition of
this Agreement, it shall include* a bidding contingency of ten percent
unless another amount is agreed upon in writing. When such a fixed
limit is established, the Architect shall be permitted to determine
what materials, equipment, component systems and types of construction
are to be included in the Contract Documents, and to make reasonable
adjustments in the scope of the Project to bring it within the fixed limit.
The Architect may also include in the Contract Documents alternate bids
to adjust the Construction Cost to the fixed limit.
3. 5. 1 If the lowest bona fide bid or negotiated proposal, the Detailed Cost
Estimate or the Statement of Probable Construction Cost Exceeds such
fixed limit of Construction Cost (including the bidding contingency)
established as a condition of this Agreement, the Owner shall (1) give
written approval of an increase in such fixed limit, (2) cooperate in re
vising the Project scope and quality as required to reduce the Probable
Construction Cost. In the case of (2) the Architect, without additional
charge, shall modify the Drawings and Specifications as necessary to
bring the Construction Cost within the fixed limit. The providing of
such service shall be the limit of the Architect's responsibility in this
regard, and having done so, the Architect shall be entitled to compen
sation in accordance with this Agreement.
-14-
10-24
25
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on the Project by the
Architect includes architects, engineers, designers, job captains,
draftsmen, specification writers and typists, in consultation, research
and design, in producing Drawings, Specifications and other documents
pertaining to the Project, and in services during construction at the site.
4. 2 Direct Personnel Expense includes cost of salaries and of mandatory
and customary benefits such as statutory employee benefits, insurance,
sick leave, holidays and vacations, pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5. 1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
of the Project for the expenses listed in the following Subparagraphs:
5. 1. 1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5. 1. 2 Expense of reproduction of Drawings and Specifications excluding
duplicate sets at the completion of each Phase for the Owner's review
and approval.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6. 1 Payments on account of the Architect's Basic Services shall be made
-15-
10-25
26
as follows:
6. 1. 1 Payments for Basic Services shall be made in proportion to services per
formed so that the compensation at the completion of each Phase shall
equal the following percentages of the total Basic Compensation:
Design Development Phase 25%
Construction Documents Phase 75%
Construction Phase 100%
6.2 Payments for Additional Services of the Architect as defined in Paragraph
1#3, and for Reimbursable Expenses as defined in Article 5, shall be
made monthly upon presentation of the Architects statement of services
rendered.
6.3 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be paid
his compensation for services performed prior to receipt of written notice
from the Owner of such suspension or abandonment, together with Reim
bursable Expenses then due and all terminal expenses resulting from such
suspension or abandonment.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architects Direct Personnel, Consultant and Reimbur
sable Expenses pertaining to the Project, and records of accounts between
the Owner and the Contractor, shall be kept on a generally recognized
-16-
10-26
27
accounting basis and shall be available to the Owner or his authorized
representative at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the other. In the event of
termination due to the fault of others than the Architect, the Architect
shall be paid his compensation for services performed to termination
date, including Reimbursable Expenses then due and all terminal
expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall re
main the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner
on other projects or extensions to this Project except by agreement in
writing and with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners, successors,
assigns and legal representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement. Neither the
-17-
10-27
28
Owner nor the Architect .shall assign, sublet or transfer his interest
in this Agreement without the written consent of the other.
ARTICLE 11
ARBITRATION
11. 1 All claims, disputes and other matters in question arising out of, or
relating to, this Agreement or the breach thereof shall be decided by
arbitration in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then obtaining unless
the parties mutually agree otherwise. This agreement to arbitrate
shall be specifically enforceable under the prevailing arbitration law.
11. 2 Notice of the demand for arbitration shall be filed in writing with the other
party to this Agreement and with the American Arbitration Association.
The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment may
be entered upon it in accordance with applicable law in any court having jur-isdiction
thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between
-18-
10-28
29
the Owner and the Architect and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agree
ment may be amended only by written instrument signed by both
Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by the
law of the principal place of business of the Architect.
-19-
10-29
30
NUMBER. OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and exe
cuted this Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
President of the Board
ATTEST:
Secretary
APPROVED AS TO FORM:
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
Partner
Assistant Attorney General
10-30
31
72-41
Upon motion of Regent Bergman, seconded by Regent Perkins, with
all Regents voting aye, it was ordered that the letter of agreement
with Texas Power § Light Company for the construction of a sub
station and an electrical transmission line be approved and the
comptroller be authorized to sign the letter of December 16, 1971,
which is set forth as follows:
10-31
32
^
TEXAS POWER & LIGHT COMPANY
1511 Bryan Street • P.O. Box 6331 • Dallas, Texas 75222
JOHN B. ROBUCK .
VICE PRESIDENT — ENGINEERING JL/6C6IflD6r lOj
Stephen F. Austin State University
Nacogdoches, Texas
Re: Transmission Right of Way (Nacogdoches Loop, East)
and Substation Site
Gentlemen:
This will confirm our conversations regarding acquisition by
Company of an easement for a transmission right of way and for a
substation site across property on the University in Nacogdoches.
It is agreed that the Texas Power & light Company will extend
the channel of Lanana Bayou south from the College Street bridge
across the first loop in the creek channel. This will be a distance
of approximately UOO to l£o feet of channeling. The channel will be
in accordance with the proposed typical channel section that the
Uhiversity has on their master plan. The dirt to be excavated will
be used to fill the proposed substation site and the old channel of
the creek. Such work will be performed by Company at or just prior
to the construction of its substation and transmission line mentioned
in the next succeeding paragraph.
10-3.2
Stephen P. Austin State University
33
Page 2
In return for the aforesaid work University agrees to furnish
the right of way for the proposed transmission line and a site for
the proposed substation, to be located across University's property
substantially as show on the map attached hereto as Exhibit A.
Upon completion of surveying and location of the line, University
agrees to execute an easement for the transirdssion line substantially
on the terms as set forth in the form of easement attached hereto as
Exhibit B and an easement for the substation site granting to Company
the rights of exclusive use and occupancy.
If this correctly sets forth our agreement, please accept at the
place indicated.
Very truly yours,
TEXAS POWER & LIGHT COMPANY
John B. Robuck,
Vice President - Engineering
ACCEPTED THIS
STEPHEN F.
day
AUSTIN STATE UNIVERSITY
By.
T
10-33
34
72-42
Upon motion of Regent Bergman, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the depository agreements
for March 1, 1972, through August 31, 1973, be approved and the
Chairman of the Board authorized to sign the contracts, as follows:
10-34
35
DEPOSITORY CONTRACT
STATE OF TEXAS J
COUNTY OF NACOGDOCHES |
t WBBJEAS. TTje Lufkin National Bank of Lufkin
Texas, has been duly designated by the Board of Regents of Stephen F. Austin State
72lllZ\*S aTdGP°sit07 for funds belonging to Stephen F. Lstil State Sn^ersity
' fS' Bf S-id B°ard °f Regents' actin8 herein ^ and through the
DEPOSITORY, agree that:
I.
con*ideration o£ such designation, the Depository agrees to and with the
r th? J* WiU aCt aS deP°sitory ^r all funds that may be deposited
II.
It is further agreed that the C
to
^ h n Depository will secure such funds belonging
US?" ;* A"st^n Staie diversity by depositing and pledging bonds or securities
.ptatue to the State Treasurer, in an amount at all times equal to one hundred
t th °J.any- a11 sums of money which may be on deposit with said Depository
t^I^S-ii i ?teph?n I' Austin State University and that such securities so
pledged shall be deposited with the First City National Bank
* . /?°ufon .... ' Texas> hereinafter called TRUSTEE. Such securities
so deposited with Trustee shall be held under joint Trust Receipt issued by said
c£!ii t ^-i H°r-°if D®P°sitor>r aiid Board of Regents, the original of such receipt
S« «k-?i wltVhf chief fiscal officer of-Stephen P. Austin State University,
who shall approve of the release of same. , X(
III.
_qv ._ . l"*h* event the Depository named shall be unable to pay or shall fail to
t>av a^n d v satisfJy upoTn pres!e ntment for pPay^me nt anyy cchheecckk oorr ddrraafftt llaawwffuullllyy ddrraawwnn
Y lX^Tg f °f Stephen F* Austin State diversity, then the Board of
S?£ 5 t the Tlght and power ^ time thereafter to procure the entire
S?ate uXivSJL hn f d0S°Si? in/aid ^ository belonging to Stephen F. Austin
J li^A J forc/d/^ of the collateral pledged, and said Trustee is
^ 1 o mSnd/f the B0ard Of Regents to surrender such pledged
to the Board of Regents, and the Board of Regents is hereby fully •
10-3 5
36
authorized and empowered to proceed w}th the sale of such securities to the
extent necessary to permit the Board of Regents to receive in full its cash
balances theretofore in such Depository, and the money derived from such sale
shall be the property of Stephen F. Austin State University in an amount equal
to the funds of Stephen F. Austin State University in the Depository, and any
amount in excoss thereof shall be the property of the Depository. Such sales
may be public or private and may be made in Nacogdochos, Texas, or elsewhere,
at the discretion of the Board of Regents, and shall convey such securities
absolutely to the purchaser thereof and no notice of such sale shall be
necessary.
It is agreed that said Depository shall have the privilege of substituting
or changing the securities herein pledged as occasion may require, subject, how
ever, to the approval of the Chief Fiscal Officer of the institution or his
representative.
V.
It is further agreed herein that the Trustee shall credit to the De
pository, the proceeds of interest coupons on such bonds or securities as they
become due until otherwise notified by the Board of Regents.
VI.
It is understood that the Trustee shall have no duty to ascertain the
amount of funds on deposit by the Board of Regents with the Depository nor the
validity or genuineness of securities deposited and that (1) under Article III
Trustee has no duty to verify the circumstances but solely to comply with the
"demand" of Board of Regents, (2) Depository shall be entitled to income on
securities held by Trustee and Trustee may dispose of such income as directed
by Depository without approval of the Board of Regents.
VII.
It is further agreed that the Depository shall pay interest on all funds
deposited with it as time deposits at the following rates:.
Deposits of Any Amount
(a) Deposits of from 30 to 59 days, interest at 4.25%.
(b) Deposits of from 60 to 89 days, interest at 4.375%.
(c) Deposits of from- 90 to 120 days, interest at 4.50%.
(d) Deposits of from 121 to 179 days, interest at 4.625%.
(e) Deposits of from 180 to 270 days, interest at 4.75%.
(f) Deposits of from 270 days to one year, interest at 4.875%.
(g) Deposits of from one year and over, interest at 5.00%.
-2-
10-36
37
19 72.
WITNESS OUR HANDS AND OPPICIAL SEAL, this the 29th day of January
Attest:
Attest:
Attest:
It. I
Approved as to Porm:
"Titir
Title
Title
Lufkin National Bank of Lufkin,, Texas
Depository
Board of Regents, Stephen F. Austin State
University
Chairman
First City National Bank of Houston, Texas
"~~""~ Trustee Bank
Attorney General of Texas
10-37
38
SUPPLEMENTAL DEPOSITORY CONTRACT
STATE OF TEXAS J
COUNTY OF NACOGDOCHES J
WHEREAS, The Lufkin ^lona!
Texas has executed a depository contract which it is proposing to Stephen F '
wMrhnthIa^e Un^ersit>r' bearing the date of January 29, 1972, the date on '
which the depository contract is to be considered by such Board of Regents, and
WHEREAS, the proposed agreement has been revised by the parties in
accordance with this agreement when considered in connection with the original
contract j °
NOW, THEREFORE, the parties do hereby agree as follows:
I.
The rates to be paid on deposits as set forth in paragraph VII will
be applicable only during the first three (3) months covered hereby. New
rates will be established for each of the following periods:
June 1, 1972 through August 31, 1972
September 1, 1972 through November 30, 1972
December 1, 1972 through February 28, 1973
March 1, 1973 through May 31, 1973
June 1, 1973 through August 31, 1973
II.
The rates to be paid for time deposits submitted hereunder during
each of the periods above designated will be negotiated between the
parties, but at the option of the University, will not be fixed at a
rate less than the average of the rates paid by the three (3) largest
banks in Houston, Texas (First City National Bank, Texas Commerce Bank, and
Bank of the Southwest) and the three (3) largest banks in Dallas, Texas
(First National Bank, Republic National Bank, and Mercantile National
Bank) for similar amounts of money deposited for similar periods of time
on the last business day preceding the period involved. Average rates
will be rounded to the nearest 1/8 of 1%.
10-38
TIJ. *J
M,« . i f "tei.tOJb? detemined for time deposits of funds derived from
^n/ a w1^ u "SUeS WU1 bG ne*otiated «t the time the deposit is
tendered but, at the option of the University, the rates to be paid there-not
be less than the average of the rates paid by the three (3)
n Houston, Texas (First City National Bank, Texas Commerce
T<««« (Vir.t- m °J ? Southwest) and the three (3) largest banks in Dallas,
Texas (First National Bank, Republic National Bank, and Mercantile National
Bank) for similar amounts of money deposited for similar periods of time on
the day on which the deposit is proffered, rounded to the nearest 1/8 of 1%.
IV.
All terns and provisions of the original contract, bearing date
of January 29, 1972, except insofar as they are herein modified, are in
all things ratified and confirmed.
WITNESS OUR HANDS AND OFFICIAL SEAL, this the 29 day of
January , 19 72 .
Attest:
Title
The Lufkin National Bank, Lufkin
Depository
Attesti
Title
Board of Regents, Stephen F. Austin
State University
By: ^
Chairman
Approved as to Form: By: V
/ssistant Attorney General of Texas
10-39
40
DEPOSITORY CONTRACT
STATE OF TEXAS j
COUNTY OF NACOGDOCHES
I
WHEREAS, The Stone Fort National „ , ^
Texas, has been duly designated by th^rd nf p Bank °f Nac°gdo^es
University, as a deposit^ for funds blZtint llTSY* fte?Ken K Austin State "
^™£^^^^?^
I.
Board of Regents that it will act as de repository agrees to and with the
be fifed wi?h ?Ku7^d ?°a«-Of ^g6ntS' the oriein^ of
III.
pay and
SS^Sl;^ T °f fephen F- AUSti" Sta" ""iversitJ! then the BofrHf
<\\
authorized and empowered to proceed with rh« «-^i r
extent necessary to permit the Board if n tho/ of 'Mich securities to the
balances theretofore in such SeiosTtorv gTl t0 rCC°iVe in ful1 itS cash
be
fiiirF^^' ^^"'^^f'and^o n^icTof
IV.
V.
VI.
J%is,underfood th*t the Trustee shall have no duty to ascertain the
«?" °n P°S1. by thG B°ard °f Regents with the Depository nor the
y or genuineness of securities deposited and that (1) under Article III
Trustee has no duty to verify the circumstances but solely to comply with the
demand- of Board of Regents. (2) Depository shall be entitled to income on
i fi"! 6ld^ Trust di £ h
g () pository shall be entitled to income on
hi nfin"! 6ld-^ Trustee and Trustee mW disP°se o£ such income as directed
by Depository without approval of the Board of Regents.
VII.
j • J* K fVrther a8reed that the Depository shall pay interest on all funds
deposited with it as time deposits at the following rates:-
Deposits of Any Amount
(a) Deposits of from 30 to 59 days, interest at 4.25%.
(b) Deposits of from 60 to 89 days, interest at 4.375%.
(c) Deposits of from-90 to 120 days, interest at 4.50%.
(d) Deposits of from 121 to 179 days, interest at 4.625%.
(e) Deposits of from 180 to 270 days, interest at 4.75%.
(f) Deposits of from 270 days to one year, interest at 4.875%.
(g) Deposits of from one year and over, interest at 5.00%.
-2-
10-41
Attest:
Attest:
Attest:
Approved as to Form:
Title
TIHa"
this the
42
of January
THE STONE FQRT NATIONAL RAMk-
Depository
ank, President Title"
Board of Regents, Stephen P. Austin State
University
Chairman
REPUBLIC NATIONAL BANK
By:
By:
Trustee Bank
-*•-<-—-•■
-V- Title
^Assistant Attorney General of Texas
-3-
10-42
43
STATE OF TEXAS
COUNTY OF NACOGDOCHES
WHEREAS, The
state
WHEREAS,
accordance
contract;
I.
SeptemberT 1972 l*Tgt t?gUSt 31> 1972
December 1 '1972 lllT^ vT™*'* 50> 1972 .. . . x> Xif'* through February 28, 1973
through May 31, 1973
through August 31, 1973
II.
December 1, 1
March 1, 1973
June 1, 1973
, but at the option of
rate less than the average of
banks m Houston, Texas fFirst
Southt)
Ho
Bank of the
the three
U^^i-TJ ne^otmiiattt^e d behtewreeeunn dethre
ratil?ll I'^l nOt be fixed at -
m^-P by the three (3) largest
T Bannkk'' TTeexxaass CCoommmmeerrccee^^aannkk and
10-43
44
m.
the day on which the deposit is proffered, rounded to the nearest 1/8 of 1%.
IV.
of Januari1^^^ provis*on8 °f the original contract, bearing date
all Tinll lllil'l' ef ePt^Mo£« as th^ ^e herein modified, are in
all things ratified and confirmed.
WITNESS OUR HANDS AND OFFICIAL SEAL, this the 29 day of
January 19 72 . —£Z- V
Attest:
Attest:
Title
Title
The Stone Fort National Bank. NacofldochP.fi
Depository
By:^
Title
Board of Regents, Stephen F. Austin
State University
Chairman
Approved as to Form: By:
C
Attorney General of Texas
10-44
45
DEPOSITORY CONTRapt
STATE OF TEXAS
COUNTY OF NACOGDOCHES
WHEREAS, The Fredonia State
Texas, has been duly designated hv
University di^ it
, s been duly designated Bank of Nacogdoches University, as a deposit^ fit
I.
n«*,.j ~n n *"**"• °^ suc^ designati
Board of Regents that it will act a«
with it by Stephen F. Austin State University ,
from March 1, 1972 through August 31? 1972
II.
to Stephen ?. jSSSTsJSTlL^J.JS
acceptable to the State Treasurer Z
DePosit0^ I™, to and with the
"11 ^ ?*" may be dePOsit^
, Texas, at any time
ndf,? led«iSnU«C h "f""""^d S °r «curi?ies
who shall approve of the release of same.
III.
State diversity,
pay and nt?5, £l^?&£L£ ll W °r 1»" Wl
upon any existing fun^f SteXn ? SinN^Lt,6^ °r-draft la"fuUy dra™
Roeonts shall have the rieht and oowar »^ ,? v OrSlty' thon the Boar<1 of
amount of money then on dlposU in sald^Losito^vTf"' " Pr°CUre the entiro
to
s-curiti., t. th.
10-45
authorized and empowered to proceed with the sale of such securities to the
extent necessary to permit the Hoard of Regents to receive in full its cash
balances theretofore in such Depository, and the money derived from such sale
shall be the property of Stephen F. Austin State University in an amount equal
to the funds of Stephen F. Austin State University in the Depository, and any
amount in excess thereof shall be the property of the Depository. Such sales
may be public or private and may be made in Nacogdoches, Texas, or elsewhere,
at the discretion of the Board of Regents, and shall convey such securities
absolutely to the purchaser thereof and no notice of such sale shall be
necessary.
IV.
It is agreed that said Depository shall have the privilege of substituting
or changing the securities herein pledged as occasion may require, subject, how
ever, to the approval of the Chief Fiscal Officer of the institution or his
representative.
V.
It is further agreed herein that the Trustee shall credit to the De
pository, the proceeds of interest coupons on such bonds or securities as they
become due until otherwise notified by the Board of Regents.
VI.
It is understood that the Trustee shall have no duty to ascertain the
amount of funds on deposit by the Board of Regents with the Depository nor the
validity or genuineness of securities deposited and that CD under Article III
Trustee has no duty to verify the circumstances but solely to comply with the
"demand" of Board of Regents. (2) Depository shall be entitled to income on
securities held by Trustee and Trustee may dispose of such income as directed
by Depository without approval of the Board of Regents.
VII.
It is further agreed that the Depository shall pay interest on all funds
deposited with it as time deposits at the following rates:-
Deposits of Any Amount
(a) Deposits of from 30 to 59 days, interest at 4.25%.
(b) Deposits of from 60 to 89 days, interest at 4.375-*;.
(c) Deposits of from- 90 to 120 days, interest at 4.50%.^
(d) Deposits of from 121 to 179 days, interest at 4.625%.
feT Deposits of from 180 to 270 days, interest at 4.75-4.
(f) Deposits of from 270 days to one year, interest at 4^.875-s.
(g) Deposits of from one year and over, interest at 5.00%.
-2-
10-46
47
^ ?2_ WITNESS OUR HANDS AKD OFFICIAL SEAL. this tho JSft iay of January
Attest:
Attest:
Attest:
FREDQNIA STATE BANK
Depository
■(/ f / ^^^
Board of Regents, Stephen F. Austin State
University
. A, /^>X7, a, scfrr, ,1 By.
1 TTiittllee ™- •
Approved as to Form:
STATE OF TEXAS
COUNTY OF NACOGDOCHES
48
WHEREAS, The
depository contract if ^be'con^
NOW. THEREFORE, the parties do hereby agree as follows:
I.
rates will be established8 for
June 1, 1972
September 1, 1972
December 1, 1972
March 1, 1973
June 1, 1973
through August 31, 1972
through November 30, 1972
through February 28, 1973
through May 31, 1973
through August 31, 1973
II.
each of It per'ds^rdesSaJerwnrh1'5 ^"^ hereUnder d
parties, but at the option of ?hfn • nefiotiated between the
rate less than the averse of the U™ersity>"il1 not be fixed at a
banks in Houston, Texas (First Citv M^-^1? ¥ the three & larSes
5s.2.?ssjr^£^
will be rounded to the nearest v! of ll "tes
10-48
the
in.
t ime d
49
derived from
IV.
pr°Visions of the original contract, bearing date
Sis2rr as they are herein L
January
WITNESS OUR HANDS AND OFFICIAL SEAL, this the 29 day of
iry 19 72 . y
Attest:
Title
Attest:
'/
Title
The Fredonia State Bank, Nacogdoches
Depository
By:
Title
Board of Regents, Stephen F. Austin
State University
By: /f£ 7/
Chairman
Approved as to Form:
By:
Assistant Attorney General of Texas
10-49
50
72-43
Upon motion of Regent Bergman seconded by Regent Perkins, with all
Regents voting aye, it was resolved that should a depository refuse
to accept the deposit of certificates of deposit in accordance with
the contract, that such action would be interpreted as a basis for
the termination of the contract.
72-44
Upon motion of Regent Tanner, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that the Highway Department be
granted an easement of approximately twenty feet on the north side
of FM 1878 (Starr Avenue)from University Drive to FM 1411 for the
purpose of making FM 1878 into a four-lane road. Said easement
described as follows:
10-50
Texas Highway Department
Form D-15-15
Page 1 of 4
Rev. 10-61 51
STATE OF TEXAS
COUNTY OF Nncogdoches
RIGHT OF WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That Stephen F. Austin State University
of the County of Nacogdoches » State of Texas, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of
- No - D0LLA11S to Grantors in hand paid by the
State of Texas, acting by and through the State Highway Commission, receipt of which
is hereby acknowledged, and for which no lien is retained, either expressed or implied,
do by these presents grant, bargain, sell and convey unto the State of Texas, an ease
ment for highway purposes of laying out, opening, constructing, operating, maintaining
and reconstructing a highway facility thereon, together with necessary incidentals
and appurtenances thereto, in, along, upon and across the following described prop
erty in the County of Nacogdoches , State of Texas, and being more particularly
described as follows, to wit: Parcel No. 1
Being part of a tract of land that was conveyed to The State of Texas by Thomas C.
Hogan, et al by Judgement, Cause No. 4947, as recorded in Volume 7, page 529-532 of
the Civil Minutes of Nacogdoches County, Texas and by condemnation proceeding filed
with the Judge of the County Court of Nacogdoches County, Texas dated July 11, 1969
and recorded in Volume 356, page 537 of the Deed Records of Nacogdoches County, Texas.
Said tract being located approximately 2 miles Northeast from the Courthouse on the
North side of F.M. 1878 in the Antonio Arriola Survey, Abstract No. 5f the parcel
herein conveyed being thus described;
BEGINNING at a point on the present North right of way line of F.M. 1878, said
point being on the proposed North right of way line of F.M. 1878 and 65 feet from and
perpendicular to Engineers Station 21+84.00;
THENCE N 84°21f E along the proposed North right of way line of F.M. 1878 for
a distance of 616.02 feet to a point 70 feet from and perpendicular to Engineers
Station 28+00;
THENCE N 87°14f E along the proposed North right of way line of F.M. 1878 for
a distance of 356.17 feet to a point 55 feet from and perpendicular to Engineers
Station 31+55.85;
THENCE N 74°44f E along the proposed North right of way line qf F.M. 1878 for
a distance of 132.23 feet to a point 65 feet from and perpendicular to Engineers
Station 33+00;
THENCE N 69°32f E along the proposed North right of way line of F.M. 1878 for
a distance of 164.79 feet to a point 55 feet from and perpendicular to Engineers
Station 34+80, said point being on the present North right of way line of F.M. 1878;
THENCE S 20°55f W along said present North right of way line of F.M. 1878 for
a distance of 23.95 feet to a point 40 feet from and perpendicular to Engineers
Station 34+60, said point being in a curve to the right having a radius of 676.20 ft.;
THENCE around said curve along the present North right of way line, for a distance
of 286.93 feet (chord distance of 285.01 ft. at S 72°39f W), keeping 40 feet from and
10-SI
rage / ot 4
Rev. 10-61 52
:;:2H-ssrsfi as
of P.M. 1878 to a point 40 feet frl Si 2? Pnrnllel to the prcaent centcrline
THENCE N 83*0?. W along the present Flit tT** tO En«inee" Station 23+()J
—nee of „..« f..t to fr^^rS^'^X^^ 'i1878
d^^^S? ^f^VJf^? the Grantees agree t
water control and drainage measured and m'rln,^ £"?' W take a11 n'cessa
along the University property? C } rePlace the four-wire wood post fence
All such improvements being done at no cost to the University.
the above described property? to wit: Allowing improvements located on
Grantors covenant and agree to remove the above described improvements from said land
as may be granted by the~S^te^V^'^-UbJeCt\ ^weve^. to such extensions of time
f t l lS ^^3?? "' f°r ^ reaS°n CrantOrs fil
theS^te^V^^-\ ^. ensions refuse to remove sale itHnsalS ^riod^f3?? n' fail or
consideration, the titll to a or anv Lit ^ P5efCribed» then. w"hout any further
pass to and vest in the State o"f Texas forever toProveraent« ™t so removed shall
of
in and under said land but waiv. 1 a ,,' Sa8> 8ulphur and other mlneral interests
surface thereof for the purple If explorin d ^ f '^f688 Md egre8S t0 the
same; providd h JSj J^f deYeloPinS» »l»ln« or drilling for
provided, however that JoMatSj the
minerals shall be pemissible so Ion~ ?f exPi°ratlon or recovery of any such
with are located atTjoin^^outside of "Jh h""'^" Operations in connection there-condition
that none o/such operations shall h^ def rib^d P^perty, and upon the
land as to interfere with thf ?«?! a i shall be conducted so near the surface of said
Sjae^o'pdar'dti'zret hrporu 'belnidc'au^' ersth' th^freoHf' 1!,8 h°Vf^/hle,lSltatte °«H^*« «"y D^^r tinLt6Sr foerTec rWelatthe a
shall affect the rights of the State Ll,?B fended, however, that nothing herein
any water, stone, earth, gravel caliche iron "" ^ additlonal condensation
materials upon, in and under said land for £ °rG ? < ** ^ °Cher r°ad buildin8
State Highway Systen of "eras construction and maintenance of the
10-52
Form D-15-15
Pace 3 of 4
Rev. 10-61
53
•■■»' .......
Stephen F. Austin State Univerg-it
i_j5/4fc
Authorized by Board of Regents ITle^on January 29, 1972.
C, G. Haas, Comptroller
By:
C, G, Haas, Secretary t<
Board of Regents
SINGLE ACKNOWLEDGMENT
THE STATE OP TEXAS \
County of ...NACOGDOCHES !•
;
Before me, _t!le_under signed authority . ... .
... . —' a notary Publlc m and for said County and State, on
this day personally appeared Q.i..JG..__Haas_.
tha oath of 'known to me *or Proved to me on
is ° "~ -• a credible witness) to be the person whose name __
<o7ti^uS acknowledged to me that _.he__ executed the same
GGiivveenn uUnnddeGrf rmmyv hhfatnndd anrn%dA saeA«a1l o~f4 o~fafiic—e, txih_i*s_ tA,h e __2oo9*«uL _ day of January
72
Notary Public in and for
County, Texas.
THE STATE OF
County of
Before me,
this day personally appeared
—, a notary public in and for said County and State, on
—^ wife of
, known to me (or proved to me on the oath of
Given under my hand and seal of office, this the... L_ day of
r 19
Notary Public in and for
10-53
County, Texas.
Form D-15-15
Page 4 of 4
Rev. 10-61
County of
CORPORATION ACKNOWLEDGMENT
STATE OP TEXAS
BEFORE ME, the undersigned authority, a notary public in and for.
Texas, on this day personally appeared
, of ....
—County,
and ._, known to me to be the person
;o the "' •-■»-- • t0 m(
._ —— 1 a corporation and that he executed the
corporation for the purposes and consideration therein expressed, and in the capacity
Given under my hand and seal of office, this the day of. 19
Notary Public in and for.. -County, Texas.
■ r
o
2
u
o
o
o
g
1
CO
CO
a
o
i
I
CO
•g
■s
I
•3 Q
n
ENDORSEMENTS
THE STATE OF TEXAS, )
County of j
I, f cierk of the County Court of said County, do hereby
certify that the foregoing instrument of writing, dated the day of A. D. 19
with its authentication, was filed for record in my office on the day of_ , A. D. 19
at o'clock M., and duly recorded this the day of _ ,A. D. 19
at— — o'clock M., in the Deed Records of said County, in Volume on Page
Witness my hand and the seal of the County Court of said County, at office in
Texas, the day and year last above written. - - --#
Clerk of Court,
By
10-54
County, Texas.
Deputy.
55
72-45
Upon motion of Regent Todd, seconded by Regent Tanner, with all
Regents voting aye it was ordered that the University be authorized
to pay from unrestricted gift funds an amount equal to ten cents
(10*) per student (headcount enrollment) for the Fall 1971 Semester
to the Council of Governing Boards of the Boards of Regents of the
State Supported Colleges and Universities of Texas.
72-46
Upon motion of Regent Bergman, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the following Resolution
be adopted:
BE IT RESOLVED by the Board of Regents of Stephen F.
Austin State University that the Comptroller (senior
financial officer) be and hereby is authorized and
directed to proceed with the planning and to take
all action appropriate or necessary for (1) the re
funding of the outstanding bonds of the Board payable
from the tax levied pursuant to Article VII, Section
17 of the Constitution, and (2) the issuance of
additional bonds payable from such tax within the
allocations made by the Comptroller of Public Accounts
of the State of Texas, such planning and execution
to be in cooperation with the other institutions
of higher learning participating in such tax.
72-47
Upon motion of Regent Perkins, seconded by Regent Bergman, with all
Regents voting aye, it was ordered that the Student Building Use Fee
be increased to $50 for a fall or spring semester effective in the
Fall Semester of 1972, and that the said fee be increased for a
summer six-week term to $25, and that the fee be apportioned by
semester credit hours according to the following schedule:
10-55
56
72-/18
Upon motion of Regent Bergman, seconded by Regent Colden, with all
Regents voting aye, it was ordered that any University employee who
files for public office must submit his resignation before filing,
if his election to such office would require his resignation.
The next meeting date was set for March 7, 1972, at 1:00 p.m., in
the office of McCall, Parkhurst § Horton in Dallas, for the purpose
of executing the sale of bonds on the Library, contracting for the
construction thereof, and such other matters as may be set forth
on the agenda at that time.
C. G. Haas
Secretary
10-56

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Transcript

MINUTES OF
Board of Regents
of
Stephen F. Austin State University
V0LIN2 UO. 10
JANUARY 29, 1972
Minutes of the Meeting of the Board of Regents of Stephen
F. Austin State University held in Dallas, Texas
January 29, 1972
VOLUME NO. 10
Page
72-30 Approval of Minutes of Previous Meetings 70=2
72-31 Election of University President 10-2
72-32 Faculty and Staff Appointments 10-2
72-33 Faculty and Staff Resignations 10-3
72-34 Approval of Changes in Status 10-4
72-35 Approval of Leave of Absence 10-5
72-36 Approval of Promotions 10-5
72-37 Adoption of Resolution in Memory of Mr. Paul S. Wilson 10-6
72-38 Approval of Curriculum Items 10-8
72-39 Approval for Permission to Petition Coordinating Board
for a Major in Criminal Justice 1040
72-40 Approval of Architectural Contract - P. E. Complex 1040
72-41 Approval of Easement for Electrical Transmission Line
to Texas Power § Light Company 10-31
72-42 Approval of Depository Agreements IO-34
72-43 Approval of a Resolution Concerning Certificates of Deposit 10-50
72-44 Approval of Easement to Highway Department to Widen
Starr Avenue 10-50
72-45 Approval for University to Pay to Council of Governing
Boards a Set Amount Per Headcount Enrollment 10-55
72-46 Approval of Resolution Authorizing University Comptroller
to Take Action of Refunding and Issuing Bonds 10-55
72-47 Approval of Increase in Student Building Use Fee 10-55
72-48 Approval of Order Regarding University Employees
Who File for Public Office 10-56
MINUTES OF THE MEETING OF THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT DALLAS, TEXAS
January 29, 1972
The meeting was called to order by R. E. McGee, Chairman of
the Board of Regents, at 10:00 a.m., January 29, 1972.
PRESENT:
Members: Mr. R. E. McGee of Houston
Mr. Robert C. Gray of Austin
Mrs. Lera Thomas of Houston
Mr. Walter Todd of Dallas
Mr. Douglas Bergman of Dallas
Mr. Joe Bob Golden of Jasper
Mr. James I. Perkins of Rusk
Mr. Sam Tanner of Beaumont
ABSENT: Member: Mr. Roy Maness of Beaumont
PRESENT: Mr. C. G. Haas of Nacogdoches, Secretary
Dr. R. W. Steen, President of the University
72-30
Upon motion of Regent Gray, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that the minutes of the meetings
of October 16, 1971, and December 18, 1971, be approved.
72-31
Upon motion of Regent Todd, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that Dr. R. W. Steen be elected
President of Stephen F. Austin State University for the academic
year 1972-73, and that he be commended for his outstanding service.
72-32
Upon motion of Regent Golden, seconded by Regent Perkins, with all
Regents voting aye, it was ordered that the following individuals be
employed for the positions, dates and salaries indicated:
1. Department of Biology
Mrs. Annette S. Dawson, 32, M.S. (Stephen F. Austin State
University), Instructor of Biology (half-time) at a salary rate
of $2,000 for four and one-half months, effective Spring
Semester, 1972, only.
Dr. McHenry L. Stiff, III, 47, Ph.D. (University of Virginia),
Visiting Professor of Biology at a salary rate of $6,750 for
four and one-half months, effective Spring Semester, 1972,
only.
2. Department of Music
Mrs. Shirley Watterston, 32, M.S. (University of Wisconsin),
Instructor of Music (quarter-time) at a salary rate of $900
for four and one-half months, effective Spring Semester,
1972, only.
3. Department of School Services
Mrs. Ida Baty Anderson, 33, M.Ed. (Stephen F. Austin State
University), Instructor of School Services at a salary rate
of $9,000 for nine months, effective Spring and Summer
Semesters, 1972, only.
4. Student Life Division
Mr. Robert Patrick Carroll, 31, M.D. (University of Virginia),
Physician, Health Services, at a salary rate of $22,000 for
ten and one-half months, effective January 1, 1972.
10-2
Mrs. Patricia Lynn Fries, 26, B.S. (Texas Tech University),
Lab Technician, Health Services, at a salary rate of $7,200
for twelve months, effective January 10, 1972.
Mr. Vince Louis Lembo, 24, B.A. (Florida Atlantic University),
Director of Residence Hall Programs, Housing, at a salary
rate of $600.00 per month for six months, effective January
3, 1972.
Mr. Frank Earl Manion, 42, Vending Route Man, University
Center Administration, at a salary rate of $6,100 for twelve
months, effective October 15, 1971.
5. Business Manager's Office
Mr. David Weldon Fry, 26, B.S. (Stephen F. Austin State
University), Assistant Business Manager for Personnel, at
a salary rate of $10,000 for twelve months, effective
January 1, 1972.
6. Maintenance
Mr. Raymond H. Greene, 39, M.B.A. (Texas Christian University),
Resident Engineer and Plant Superintendent, at a salary rate of
$16,000 for twelve months, effective January 1, 1972.
72-33
Upon motion of Regent Todd, seconded by Regent Gray, with all Regents
voting aye, it was ordered that the following resignations be accepted:
1. Department of English
Mr. Charles Ashley Petty, Instructor of English, effective
May 31, 1972. Mr. Petty resigned to resume graduate study
on a full-time basis.
2. School of Forestry
Mr. Billy John Earley, Instructor of Forestry (part-time),
effective January 11, 1972. Mr. Earley resigned to run
for public office.
3. Department of Political Science
Mr. David Foster Hales, Assistant Professor of Political
Science, effective May 31, 1972. Mr. Hales resigned to
resume graduate study on a full-time basis.
10-3
4. Student Life Division
Mr. Emerson A. Botkin, Night Maintenance Supervisor,
University Center Administration, effective December
6, 1971. Mr. Botkin is accepting other employment.
Mr. Ben K. Burke, Head Chef, University Center Cafeteria,
effective October 31, 1971. Mr. Burke is accepting other
employment.
Mr. Tony J. Jordan, Vending Route and Repairman, University
Center Administration, effective September 30, 1971. Mr.
Jordan found the working conditions unsatisfactory.
Mr. Vernon Lee Lane, Store Room Clerk, East College Cafeteria,
effective October 31, 1971. Mr. Lane is accepting other
employment.
Mrs. Janice Sue McLauchlin, Laboratory Technician, Health
Services, effective December 31, 1971. Mrs. McLauchlin is
moving from Nacogdoches.
72-34
Upon motion of Regent Perkins, seconded by Regent Bergman, with all
Regents voting aye, it was ordered that the following changes in
status be approved:
1. Department of Biology
Mr. Byron Van Dover, Assistant Professor of Biology, from
a salary rate of $11,500 for nine months to $11,200 for
nine months, effective January 1, 1972. Mr. Van Dover
failed to complete the requirements for the Ph.D. degree,
2. Department of Chemistry
Mr. Wayne C. Boring, Assistant Professor of Chemistry,
from a salary rate of $11,600 for nine months to $11,200
for nine months, effective January 1, 1972. Mr. Boring
failed to complete the requirements for the Ph.D. degree.
3. Department of Computer Science
Mrs. Camille Cook Price, Instructor of Computer Science,
from a salary rate of $4,500 full-time (Fall Semester) to
$1,125 quarter-time, effective Spring Semester, 1972, only.
4. Department of Psychology
Dr. Jerry Neal Lackey, Assistant Professor of Psychology,
from a salary rate of $10,400 for nine months to $10,900
for nine months, effective November 1, 1971. The increased
10-4
salary reflects the completion of the Ph.D. degree.
5. Department of Speech
Mr. William E. Knabe, Associate Professor of Speech and
Head of Department, to Assistant Professor of Speech and
Head of Department, effective January 1, 1972. Mr. Knabe
failed to complete the requirements for the Ph.D. degree,
which is required for the higher rank. No reduction in
salary is recommended because of Mr. Knabefs administrative
duties as Department Head.
6. Maintenance
Mr. James C. Harkness, Acting Director of Physical Plants
at $13,500 for twelve months, to Assistant Plant Superin
tendent at $12,500 for twelve months, effective January
1, 1972.
7. Student Life Division
Dr. Ralph Bailey, University Physician at a salary of
$23,000, to University Physician and Director of University
Health Services at a salary of $24,500 for ten and one-half
months, effective January 1, 1972.
72-35
Upon motion of Regent Golden, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that the following leave of
absence be granted:
1. Department of Office Administration
Mr. Marlin Celeste Young, Assistant Professor of Office
Administration, for the 1972-73 academic year, in order
that he may satisfy the residence requirement for the Ph.D.
degree.
72-36
Upon motion of Regent Perkins, seconded by Regent Gray, with all
Regents voting aye, it was ordered that the following promotions
be approved:
1. Department of Management
Mrs. Janelle C. Ashley from Assistant Professor to
Associate Professor of Management, effective January
1, 1972. Salary rate will be $12,500 for nine months.
The change in rank and salary reflects the completion
of the Ph.D. degree.
10-5
2. Student Life Division
Mr. Gerald Lynn Black, from Custodian (hourly) to Catering
Supervisor, effective November 1, 1971. Mr. Black is being
promoted to fill the position vacated by Edgar Kirby Darnell
The salary rate will be $6,600 for twelve months.
Mr. Winford Earl Boney, from Food Production Supervisor to
Head Chef, University Center Cafeteria, effective November
1, 1971. Mr. Boney is being promoted to fill the position
vacated by Ben Burke. The salary rate will be $7,600 for
twelve months.
Mr. Edgar Kirby Darnell, from Catering Supervisor to Food
Production Supervisor, effective November 1, 1971. Mr.
Darnell is being promoted to fill the position vacated by
W. E. Boney. The salary rate will be $7,000 for twelve
months.
72-37
Upon motion of Regent Bergman, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the name of Paul S. Wilson,
Plant Superintendent, be removed from the faculty and staff list,
effective November 30, 1971, and that the following resolution be
adopted:
10-6
RESOLUTION OF THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
ADOPTED JANUARY 29, 1972
IN MEMORY OF PAUL S. WILSON
For more than a quarter of a century, Paul S. Wilson's name was inextricably linked with
the name and destiny of Stephen F. Austin State University. First as a student, who received both
baccalaureate and graduate degrees and concurrently distinguished himself in extra-curricular activities
as well, and then as a staff member, who from September 1, 1951, forward directed the complex
operations of the physical plant - - as student and official, Mr. Wilson clearly marked innumerable
contributions that he made to the continuous growth and general progress of the university. What is
perhaps not so clearly delineated, however, is the equally vital service that Mr. Wilson rendered, often
out of the public view, in behalf of the university among state and national governing bodies. A dis
tinguished member of the Texas Legislature before joining the staff of the university, Mr. Wilson enjoyed
the respect of governmental officials on many levels.
But just as the influence of the university is not confined to its campus, the labors of
Mr. Wilson proved beneficial also to the city of Nacogdoches, where he resided and reared his family and
where he rendered extensive civic service; to the Deep East Texas area where his roots ran deep; and,
indeed, to the nation itself.
It is thus with the deepest admiration of and gratitude for the service of Paul S. Wilson and
with a profound sense of personal loss in his untimely death October 23, 1971, that the Board of
Regents of Stephen F. Austin State University adopts this memorial resolution.
10-7
72-38
*Upon motion of Regent Todd, seconded by Regent Gray, with all Regents
voting aye, it was ordered that the following curriculum items
approved by the University undergraduate and graduate curriculum
committees be approved:
COURSES ADDED: (Curriculum Committee)
Department and Number Title
Hours
Credit
Elementary Education 332
School Services 320
School Services 321
School Services 322
School Services SSV 340
School Services SSV 341
School Services SSV 392
School Services SSV 440
School Services SSV 492
Sociology 300
Sociology 301
Sociology 302
The Young Child 4
Legal Aspects of Corrections 3
as they Relate to Rehabilitation
Rehabilitation in Probation 3
and Parole
Rehabilitation: Alcohol and 3
Drug Abuse
The Eye, Its Function and Health 3
Methods of Communication for 4
the Blind
Social Welfare Legislation 3
Orientation and Mobility: 5
Principles and Practice
Social Welfare: Services, 3
Policies, Issues, and Programs
The Criminal Justice System 3
in America
The Law and Criminal Justice 3
Criminal and Delinquent Behavior 3
COURSES TO BE REVISED: (Curriculum Committee)
Department and
Number Title and Credit
Elementary Education 328 The Young Child 3
Elementary Education 331 Learning and the
Young Child 3
English 231 Short Stories and
Dramas 3
English 232 Poetry and Novels 3
Forestry 111
*Forestry 411
*General Business 337
Introduction to
Forestry 2
Forest Management 4
Government Regula
tion of Business 3
New
No. New Title and Credit
328 Kindergarten Education 4
331 Learning and the Young Child 4
231 World Literature: Ancient
to the Renaissance 3
232 World Literature: Since the
Renaissance 3
111 Introduction to Forestry 3
411 Forest Management 3
437 Government Regulation of
Business 3
*Submitted for Graduate Credit
10-8
COURSliS TO Hi; RJiVrsiil): (Curriculum Committee) (Continued)
Department and New
^^ Title and Credit No^ New Title and Credit
School Services SSV 290 Introduction to Social 290 Introduction to Social Welfar,
Rehabilitation Services 3 and RphaKi i -n-*^™ c
School Services SSV 381 Methods and Techniques 381 ^hodfa^d SSS^iTT"" '
in Social and Rehabil- Social Welfare and Reliability
e . . n . itation Services 3 tion
School Services SSV 385 Supervised Field Study 385 Supervised Field Experience ir
in Social and Rehabil- Social Welfare and Rehabilitc
c v. ■> „ tation Services 3 tion Services S
School Services SSV 386 Seminar in Social and 386 Seminar in Social Welfare and
Rehabilitation Ser- Rehabilitation Services 3
vices 3
School Services SSV 403 Internship in Social 403 Internship in Social Welfare
and Rehabilitation and Rehabilitation Services 3
Services 3
School Services SSV 404 Internship in Social 404 Internship in Social Welfare
and Rehabilitation and Rehabilitation Services
Services II 3 n 3
COURSES TO BE DELETED: (Curriculum Committee)
Department and Number Title and Credit
*Elementary Education 461 Creative Arts for Young Children 3
COURSES ADDEDr (Graduate Council)
Department and Number Title Sedit
Elementary Education 535 Creative Arts for Young Children 3
History 580 Teaching History at the College Level 3
Political Science 570 Advanced Research Topics in Political 3
Science
Theatre 534 Dramatic Production 3
Theatre 557 Dramatic Theory and Criticism 3
COURSES TO BE REVISED: (Graduate Council)
Department and New
NuEbei: Title and Credit No^ New Title and Credit
Political Science 503 Seminar in Twentieth Century 503 Seminar in Political
Political Thought 3 Thought 3
'Submitted for Graduate Credit
10-9
10
72-39
Upon motion of Regent Perkins, seconded by Regent Bergman, with all
Regents voting aye, it was ordered that permission be granted to
petition the Coordinating Board to offer a major in Criminal Justice
72-40
Upon motion of Regent Tanner, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the contract with Kent,
Marsellos § Scott for architectural services in the design and
supervision of the construction of a physical education complex
be approved and the Chairman of the Board authorized to sign the
contract, as follows:
10-10
11
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES J
THE STATE OF TEXAS )
COUNTY OF NACOGDOCHES j
THIS AGREEMENT made as of the Twenty-Ninth day of January in
the year Nineteen Hundred and Seventy Two and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHESf
TEXAS acting herein by and through its President, hereinafter called the
Owner, and KENT, MARSELLOS AND SCOTT, ARCHITECTS - ENGINEERS,
Lufkin, Texas, hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus
of Stephen F. Austin State University, Nacogdoches, Texas, A PHYSICAL
EDUCATION COMPLEX, hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Paragraph
1. 1; for new work seven percent (7.0%) of the project construction
cost; and for remodeling work 1/3 greater or nine and 33/100 percent
(9.33%) of the project construction cost; hereinafter referred to as
-I-10"11
12
the Basic Rate, and such other payments and reimbursements as may
hereinafter be provided, but all such payments and every payment
herein provided shall be from Constitutional Tax Building Funds
and other funds available to the Owner for expenditure for the use of
Stephen F. Austin State University.
b) For the Architects Additional Services as described in Paragraph
1.3 Compensation for Principals1 employees, and consultants
time as agreed upon between the Owner and the Architect.
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
III. The Architect and the Owner further agree to the following Terms and
Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1. 1 BASIC SERVICES
The Architects Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engineer
ing services.
SCHEMATIC DESIGN PHASE
1. 1. 1 The Architect shall consult with the Owner to ascertain the requirements
of the Project and shall confirm such requirements to the Owner.
1. 1.2 The Architect shall prepare Schematic Design Studies consisting of draw
ings and other documents illustrating the scale and relationship of
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13
Project components for approval by the Owner,
1. 1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1. 1.4 The Architect shall prepare from the approved Schematic Design
Studies, for approval by the Owner, the Design Development Docu
ments consisting of drawings and other documents to fix and describe
the size and character of the entire Project as to structural, mechani
cal and electrical systems, materials and such other essentials as
may be appropriate.
1. 1. 5 The Architect shall submit to the Owner a further Statement of
Probable Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1. 1.6 The Architect shall prepare from the approved Design Development Docu
ments, for approval by the Owner, Working Drawings and Specifications
setting forth in detail the requirements for the construction of the entire
Project including the necessary bidding information, and shall assist in
the preparation of bidding forms, the Conditions of the Contract, and the
form of Agreement between the Owner and the Contractor.
1. 1. 7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in
requirements or general market conditions.
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14
1. 1. 8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over the
Project.
BIDDING OR NEGOTIATION PHASE
1. 1. 9 The Architect, following the Owner's approval of the Construction Docu
ments and of the latest Statement of Probable Construction Cost, shall
assist the Owner in obtaining bids or negotiated proposals, and in
awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1. 1. 10 The Construction Phase will commence with the award of the Construction
Contract and will terminate when the final Certificate for Payment is
issued to the Owner.
1. 1. 11 The Architect shall provide Administration of the Construction Contract
as set forth in Articles 1 through 14 inclusive of the latest edition of
AIA Document A201, General Conditions of the Contract for Construction,
and the extent of his duties and responsibilities and the limitations of
his authority as assigned thereunder shall not be modified without his
written consent.
1. 1. 12 The Architect, as the representative of the Owner during the Construction
Phase, shall advise and consult with the Owner. The Architect shall have
authority to act on behalf of the Owner to the extent provided in the General
Conditions unless otherwise modified in writing.
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15
1. 1. 13 The Architect shall at all times have access to the Work wherever it
is in preparation or progress.
1. 1. 14 The Architect shall make periodic visits to the site to familiarize
himself generally with the progress and quality of the Work and to
determine in general if the Work is proceeding in accordance with the
Contract Documents. On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not
be required to make exhaustive or continuous on-site inspections to
check the quality or quantity of the Work. The Architect shall not be
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection
with the Work, and he shall not be responsible for the Contractor's
failure to carry out the Work in accordance with the Contract Documents.
1. 1. 15 Based on such observations at the site and on the Contractor's Applications
for Payment, the Architect shall determine the amount owing to the
Contractor and shall issue Certificates for Payment in such amounts.
The issuance of a Certificate for Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architect's observations
at the site as provided in Subparagraph 1. 1. 14 and on the data comprising
the Application for Payment, that the Work has progressed to the
point indicated; that to the best of the Architect's knowledge, information
-5-
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16
and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor deviations
from the Contract Documents correctable prior to completion, and to
any specified qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for
what purpose the Contractor has used the moneys paid on account of the
Contract Sum.
1. 1. 16 The Architect shall be, in the first instance, the interpreter of the
requirements of the Contract Documents and the impartial judge of the
performance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating to
the execution and progress of the Work and on all other matters or
questions related thereto. Thfe Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Contract
Documents.
1. 1. 17 The Architect shall have authority to reject Work which does not conform
to the Contract Documents. Whenever, in his reasonable opinion, he
considers it necessary or advisable to insure the proper implementation
of the intent of the Contract Documents, he will have authority to require
special inspection or testing of any Work in accordance with the pro
visions of the Contract Documents whether or not such Work be then fabricated,
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17
installed or completed.
1. 1. 18 The Architect shall review and approve shop drawings, samples and
other submissions of the Contractor only for conformance with the
design concept of the Project and for compliance with the information
given in the Contract Documents.
1. 1. 19 The Architect shall prepare Change Orders.
1. 1.20 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1. 1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractors or Sub
contractors1 agents or employees, or any other persons performing
any of the Work.
1. 1.22 If Federal Funds are available for the Project the Architect will:
1. Attend a preconstruction conference.
2. Obtain a subcontractor listing from prime contractors for
securing clearance for their use from the ROFEC. (This
clearance is necessary to assure that subcontractors are not
disqualified from participating in Federally assisted con
struction projects. )
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18
3# Make a site visit at least monthly.
4. If requested by the applicant, prepare and submit a monthly
construction report (Exhibit 2) to both the applicant and the
ROFEC. (Office of Education and National Institutes of Health
projects only.)
5. Prior to final construction inspection by the ROFEC representa
tive, furnish to the applicant a tabulation of as-built building
areas consisting of gross area, total assignable area, project
assignable area, and instructional and library area.
(Higher Education projects only. )
6. Make a joint final inspection of construction with the applicant,
contractor, ROFEC representative, and a representative of the
State agency (if applicable).
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2. 1 If more extensive representation at the site than is described under Sub-paragraphs
1# 1. 10 through 1. 1.21 inclusive is required, and if the Owner
and Architect agree, the Architect shall provide one or more Full-Time
Project Representatives to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall be compensated therefor
as mutually agreed between the Owner and the Architect as set forth
in an exhibit appended to this Agreement.
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19
1.2.3 The duties, responsibilities and limitations of authority of such Full-Time
Project Representatives shall be set forth in an exhibit appended to this
Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representatives
of the Work in progress, the Architect shall endeavor to provide further
protection for the Owner against defects in the Work, but the furnishing
of such project representation shall not make the Architect responsible
for construction means, methods, techniques, sequences or procedures,
or for safety precautions and programs, or for the Contractor's failure
to perform the Work in accordance with the Contract Documents.
1. 3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by the Owner,
they shall be paid for by the Owner as hereinbefore provided.
1.3. 1 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the Project.
1.3.2 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.3 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.4 Making major revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or instructions
previously given and are due to causes beyond the control of the Architect.
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20
1.3.5 Making investigations involving detailed apprais;.i.ls and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
1.3.6 Providing consultation concerning replacement of any Work damaged by
fire or other cause during construction, and furnishing professional
services of the type set forth in Paragraph 1. 1 as may be required
in connection with the replacement of such Work.
1.3.7 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.8 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.9 Providing services of professional consultants for other than the normal
structural, mechanical and electrical engineering services for the Project.
1.3. 10 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted
architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2. 1 The Owner shall provide full information regarding his requirements for
the Project.
2.2 The Owner shall designate, when necessary, a representative authorized
to act in his behalf with respect to the Project. The Owner or his repre-
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21
scntativc shall examine documents submitted by the Architect and
shall render decisions pertaining thereto promptly, to avoid unreason
able delay in the progress of the Architect's work.
2.3 The Owner shall furnish a certified land survey of the site giving,
as applicable, grades and lines of streets, alleys, pavements and
adjoining property; rights -of-way, restrictions, easements, encroach
ments, zoning, deed restrictions, boundaries and contours of the site;
locations, dimensions and complete data pertaining to existing buildings,
other improvements and trees; and full information concerning avail
able service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percolation
tests, air and water pollution tests, ground corrosion and resistivity
tests and other necessary operations for determining subsoil, air and
water conditions, with appropriate professional interpretations thereof.
2. 5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
2. 6 The Owner shall furnish such legal, accounting, and insurance counsel
ling services as may be necessary for the Project, and such auditing
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22
services as he may require to ascertain how or for what purposes the
Contractor has used the moneys paid to him under the Construction
Contract.
2. 7 The services, information, surveys and reports required by Paragraphs
2.3 through 2. 6 inclusive shall be furnished at the Owner*s expense,
and the Architect shall be entitled to rely upon the accuracy and com
pleteness thereof.
2. 8 If the Owner observes or otherwise becomes aware of any fault or
defect in the Project or non-conformance with the Contract Documents,
he shall give prompt written notice thereof to the Architect.
2. 9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3. 1 The Construction Cost to be used as the basis for determining the
Architect's Basic Compensation shall be the total cost or estimated cost
to the Owner of all Work designed or specified by the Architect, which
shall be determined as follows, with precedence in the order listed:
3. 1. 1 For completed construction, the total cost of all such Work;
3. 1. 2 For Work not constructed, (1) the lowest bona fide bid received from a
qualified bidder for any or all of such Work, or (2) if the Work is not
bid, the bona fide negotiated proposal submitted for any or all of such
Work; or
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3. 1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and consultants, the cost of the land, rights-of-way, or other costs which
are the responsibility of the Owner as provided in Paragraphs 2.3 through
2.6 inclusive.
3.3 Labor furnished by the Owner for the Project shall be included in the
Construction Cost at current market rates including a reasonable allowance
for overhead and profit. Materials and equipment furnished by the Owner
shall be included at current market prices, except that used materials
and equipment shall be included as if purchased new for the Project.
3.4 Statements of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractor^ methods
of determining bid prices, or over competitive bidding or market condi
tions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost
or other cost estimate prepared by him.
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24
3. 5 When a fixed limit of Construction Cost is established as a condition of
this Agreement, it shall include* a bidding contingency of ten percent
unless another amount is agreed upon in writing. When such a fixed
limit is established, the Architect shall be permitted to determine
what materials, equipment, component systems and types of construction
are to be included in the Contract Documents, and to make reasonable
adjustments in the scope of the Project to bring it within the fixed limit.
The Architect may also include in the Contract Documents alternate bids
to adjust the Construction Cost to the fixed limit.
3. 5. 1 If the lowest bona fide bid or negotiated proposal, the Detailed Cost
Estimate or the Statement of Probable Construction Cost Exceeds such
fixed limit of Construction Cost (including the bidding contingency)
established as a condition of this Agreement, the Owner shall (1) give
written approval of an increase in such fixed limit, (2) cooperate in re
vising the Project scope and quality as required to reduce the Probable
Construction Cost. In the case of (2) the Architect, without additional
charge, shall modify the Drawings and Specifications as necessary to
bring the Construction Cost within the fixed limit. The providing of
such service shall be the limit of the Architect's responsibility in this
regard, and having done so, the Architect shall be entitled to compen
sation in accordance with this Agreement.
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25
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on the Project by the
Architect includes architects, engineers, designers, job captains,
draftsmen, specification writers and typists, in consultation, research
and design, in producing Drawings, Specifications and other documents
pertaining to the Project, and in services during construction at the site.
4. 2 Direct Personnel Expense includes cost of salaries and of mandatory
and customary benefits such as statutory employee benefits, insurance,
sick leave, holidays and vacations, pensions and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5. 1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
of the Project for the expenses listed in the following Subparagraphs:
5. 1. 1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5. 1. 2 Expense of reproduction of Drawings and Specifications excluding
duplicate sets at the completion of each Phase for the Owner's review
and approval.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6. 1 Payments on account of the Architect's Basic Services shall be made
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26
as follows:
6. 1. 1 Payments for Basic Services shall be made in proportion to services per
formed so that the compensation at the completion of each Phase shall
equal the following percentages of the total Basic Compensation:
Design Development Phase 25%
Construction Documents Phase 75%
Construction Phase 100%
6.2 Payments for Additional Services of the Architect as defined in Paragraph
1#3, and for Reimbursable Expenses as defined in Article 5, shall be
made monthly upon presentation of the Architects statement of services
rendered.
6.3 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be paid
his compensation for services performed prior to receipt of written notice
from the Owner of such suspension or abandonment, together with Reim
bursable Expenses then due and all terminal expenses resulting from such
suspension or abandonment.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architects Direct Personnel, Consultant and Reimbur
sable Expenses pertaining to the Project, and records of accounts between
the Owner and the Contractor, shall be kept on a generally recognized
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27
accounting basis and shall be available to the Owner or his authorized
representative at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven days1
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the other. In the event of
termination due to the fault of others than the Architect, the Architect
shall be paid his compensation for services performed to termination
date, including Reimbursable Expenses then due and all terminal
expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall re
main the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner
on other projects or extensions to this Project except by agreement in
writing and with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners, successors,
assigns and legal representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement. Neither the
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28
Owner nor the Architect .shall assign, sublet or transfer his interest
in this Agreement without the written consent of the other.
ARTICLE 11
ARBITRATION
11. 1 All claims, disputes and other matters in question arising out of, or
relating to, this Agreement or the breach thereof shall be decided by
arbitration in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then obtaining unless
the parties mutually agree otherwise. This agreement to arbitrate
shall be specifically enforceable under the prevailing arbitration law.
11. 2 Notice of the demand for arbitration shall be filed in writing with the other
party to this Agreement and with the American Arbitration Association.
The demand shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event shall the
demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter
in question would be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment may
be entered upon it in accordance with applicable law in any court having jur-isdiction
thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between
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29
the Owner and the Architect and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agree
ment may be amended only by written instrument signed by both
Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by the
law of the principal place of business of the Architect.
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30
NUMBER. OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and exe
cuted this Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
President of the Board
ATTEST:
Secretary
APPROVED AS TO FORM:
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
Partner
Assistant Attorney General
10-30
31
72-41
Upon motion of Regent Bergman, seconded by Regent Perkins, with
all Regents voting aye, it was ordered that the letter of agreement
with Texas Power § Light Company for the construction of a sub
station and an electrical transmission line be approved and the
comptroller be authorized to sign the letter of December 16, 1971,
which is set forth as follows:
10-31
32
^
TEXAS POWER & LIGHT COMPANY
1511 Bryan Street • P.O. Box 6331 • Dallas, Texas 75222
JOHN B. ROBUCK .
VICE PRESIDENT — ENGINEERING JL/6C6IflD6r lOj
Stephen F. Austin State University
Nacogdoches, Texas
Re: Transmission Right of Way (Nacogdoches Loop, East)
and Substation Site
Gentlemen:
This will confirm our conversations regarding acquisition by
Company of an easement for a transmission right of way and for a
substation site across property on the University in Nacogdoches.
It is agreed that the Texas Power & light Company will extend
the channel of Lanana Bayou south from the College Street bridge
across the first loop in the creek channel. This will be a distance
of approximately UOO to l£o feet of channeling. The channel will be
in accordance with the proposed typical channel section that the
Uhiversity has on their master plan. The dirt to be excavated will
be used to fill the proposed substation site and the old channel of
the creek. Such work will be performed by Company at or just prior
to the construction of its substation and transmission line mentioned
in the next succeeding paragraph.
10-3.2
Stephen P. Austin State University
33
Page 2
In return for the aforesaid work University agrees to furnish
the right of way for the proposed transmission line and a site for
the proposed substation, to be located across University's property
substantially as show on the map attached hereto as Exhibit A.
Upon completion of surveying and location of the line, University
agrees to execute an easement for the transirdssion line substantially
on the terms as set forth in the form of easement attached hereto as
Exhibit B and an easement for the substation site granting to Company
the rights of exclusive use and occupancy.
If this correctly sets forth our agreement, please accept at the
place indicated.
Very truly yours,
TEXAS POWER & LIGHT COMPANY
John B. Robuck,
Vice President - Engineering
ACCEPTED THIS
STEPHEN F.
day
AUSTIN STATE UNIVERSITY
By.
T
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34
72-42
Upon motion of Regent Bergman, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the depository agreements
for March 1, 1972, through August 31, 1973, be approved and the
Chairman of the Board authorized to sign the contracts, as follows:
10-34
35
DEPOSITORY CONTRACT
STATE OF TEXAS J
COUNTY OF NACOGDOCHES |
t WBBJEAS. TTje Lufkin National Bank of Lufkin
Texas, has been duly designated by the Board of Regents of Stephen F. Austin State
72lllZ\*S aTdGP°sit07 for funds belonging to Stephen F. Lstil State Sn^ersity
' fS' Bf S-id B°ard °f Regents' actin8 herein ^ and through the
DEPOSITORY, agree that:
I.
con*ideration o£ such designation, the Depository agrees to and with the
r th? J* WiU aCt aS deP°sitory ^r all funds that may be deposited
II.
It is further agreed that the C
to
^ h n Depository will secure such funds belonging
US?" ;* A"st^n Staie diversity by depositing and pledging bonds or securities
.ptatue to the State Treasurer, in an amount at all times equal to one hundred
t th °J.any- a11 sums of money which may be on deposit with said Depository
t^I^S-ii i ?teph?n I' Austin State University and that such securities so
pledged shall be deposited with the First City National Bank
* . /?°ufon .... ' Texas> hereinafter called TRUSTEE. Such securities
so deposited with Trustee shall be held under joint Trust Receipt issued by said
c£!ii t ^-i H°r-°if D®P°sitor>r aiid Board of Regents, the original of such receipt
S« «k-?i wltVhf chief fiscal officer of-Stephen P. Austin State University,
who shall approve of the release of same. , X(
III.
_qv ._ . l"*h* event the Depository named shall be unable to pay or shall fail to
t>av a^n d v satisfJy upoTn pres!e ntment for pPay^me nt anyy cchheecckk oorr ddrraafftt llaawwffuullllyy ddrraawwnn
Y lX^Tg f °f Stephen F* Austin State diversity, then the Board of
S?£ 5 t the Tlght and power ^ time thereafter to procure the entire
S?ate uXivSJL hn f d0S°Si? in/aid ^ository belonging to Stephen F. Austin
J li^A J forc/d/^ of the collateral pledged, and said Trustee is
^ 1 o mSnd/f the B0ard Of Regents to surrender such pledged
to the Board of Regents, and the Board of Regents is hereby fully •
10-3 5
36
authorized and empowered to proceed w}th the sale of such securities to the
extent necessary to permit the Board of Regents to receive in full its cash
balances theretofore in such Depository, and the money derived from such sale
shall be the property of Stephen F. Austin State University in an amount equal
to the funds of Stephen F. Austin State University in the Depository, and any
amount in excoss thereof shall be the property of the Depository. Such sales
may be public or private and may be made in Nacogdochos, Texas, or elsewhere,
at the discretion of the Board of Regents, and shall convey such securities
absolutely to the purchaser thereof and no notice of such sale shall be
necessary.
It is agreed that said Depository shall have the privilege of substituting
or changing the securities herein pledged as occasion may require, subject, how
ever, to the approval of the Chief Fiscal Officer of the institution or his
representative.
V.
It is further agreed herein that the Trustee shall credit to the De
pository, the proceeds of interest coupons on such bonds or securities as they
become due until otherwise notified by the Board of Regents.
VI.
It is understood that the Trustee shall have no duty to ascertain the
amount of funds on deposit by the Board of Regents with the Depository nor the
validity or genuineness of securities deposited and that (1) under Article III
Trustee has no duty to verify the circumstances but solely to comply with the
"demand" of Board of Regents, (2) Depository shall be entitled to income on
securities held by Trustee and Trustee may dispose of such income as directed
by Depository without approval of the Board of Regents.
VII.
It is further agreed that the Depository shall pay interest on all funds
deposited with it as time deposits at the following rates:.
Deposits of Any Amount
(a) Deposits of from 30 to 59 days, interest at 4.25%.
(b) Deposits of from 60 to 89 days, interest at 4.375%.
(c) Deposits of from- 90 to 120 days, interest at 4.50%.
(d) Deposits of from 121 to 179 days, interest at 4.625%.
(e) Deposits of from 180 to 270 days, interest at 4.75%.
(f) Deposits of from 270 days to one year, interest at 4.875%.
(g) Deposits of from one year and over, interest at 5.00%.
-2-
10-36
37
19 72.
WITNESS OUR HANDS AND OPPICIAL SEAL, this the 29th day of January
Attest:
Attest:
Attest:
It. I
Approved as to Porm:
"Titir
Title
Title
Lufkin National Bank of Lufkin,, Texas
Depository
Board of Regents, Stephen F. Austin State
University
Chairman
First City National Bank of Houston, Texas
"~~""~ Trustee Bank
Attorney General of Texas
10-37
38
SUPPLEMENTAL DEPOSITORY CONTRACT
STATE OF TEXAS J
COUNTY OF NACOGDOCHES J
WHEREAS, The Lufkin ^lona!
Texas has executed a depository contract which it is proposing to Stephen F '
wMrhnthIa^e Un^ersit>r' bearing the date of January 29, 1972, the date on '
which the depository contract is to be considered by such Board of Regents, and
WHEREAS, the proposed agreement has been revised by the parties in
accordance with this agreement when considered in connection with the original
contract j °
NOW, THEREFORE, the parties do hereby agree as follows:
I.
The rates to be paid on deposits as set forth in paragraph VII will
be applicable only during the first three (3) months covered hereby. New
rates will be established for each of the following periods:
June 1, 1972 through August 31, 1972
September 1, 1972 through November 30, 1972
December 1, 1972 through February 28, 1973
March 1, 1973 through May 31, 1973
June 1, 1973 through August 31, 1973
II.
The rates to be paid for time deposits submitted hereunder during
each of the periods above designated will be negotiated between the
parties, but at the option of the University, will not be fixed at a
rate less than the average of the rates paid by the three (3) largest
banks in Houston, Texas (First City National Bank, Texas Commerce Bank, and
Bank of the Southwest) and the three (3) largest banks in Dallas, Texas
(First National Bank, Republic National Bank, and Mercantile National
Bank) for similar amounts of money deposited for similar periods of time
on the last business day preceding the period involved. Average rates
will be rounded to the nearest 1/8 of 1%.
10-38
TIJ. *J
M,« . i f "tei.tOJb? detemined for time deposits of funds derived from
^n/ a w1^ u "SUeS WU1 bG ne*otiated «t the time the deposit is
tendered but, at the option of the University, the rates to be paid there-not
be less than the average of the rates paid by the three (3)
n Houston, Texas (First City National Bank, Texas Commerce
T 1972
December 1 '1972 lllT^ vT™*'* 50> 1972 .. . . x> Xif'* through February 28, 1973
through May 31, 1973
through August 31, 1973
II.
December 1, 1
March 1, 1973
June 1, 1973
, but at the option of
rate less than the average of
banks m Houston, Texas fFirst
Southt)
Ho
Bank of the
the three
U^^i-TJ ne^otmiiattt^e d behtewreeeunn dethre
ratil?ll I'^l nOt be fixed at -
m^-P by the three (3) largest
T Bannkk'' TTeexxaass CCoommmmeerrccee^^aannkk and
10-43
44
m.
the day on which the deposit is proffered, rounded to the nearest 1/8 of 1%.
IV.
of Januari1^^^ provis*on8 °f the original contract, bearing date
all Tinll lllil'l' ef ePt^Mo£« as th^ ^e herein modified, are in
all things ratified and confirmed.
WITNESS OUR HANDS AND OFFICIAL SEAL, this the 29 day of
January 19 72 . —£Z- V
Attest:
Attest:
Title
Title
The Stone Fort National Bank. NacofldochP.fi
Depository
By:^
Title
Board of Regents, Stephen F. Austin
State University
Chairman
Approved as to Form: By:
C
Attorney General of Texas
10-44
45
DEPOSITORY CONTRapt
STATE OF TEXAS
COUNTY OF NACOGDOCHES
WHEREAS, The Fredonia State
Texas, has been duly designated hv
University di^ it
, s been duly designated Bank of Nacogdoches University, as a deposit^ fit
I.
n«*,.j ~n n *"**"• °^ suc^ designati
Board of Regents that it will act a«
with it by Stephen F. Austin State University ,
from March 1, 1972 through August 31? 1972
II.
to Stephen ?. jSSSTsJSTlL^J.JS
acceptable to the State Treasurer Z
DePosit0^ I™, to and with the
"11 ^ ?*" may be dePOsit^
, Texas, at any time
ndf,? led«iSnU«C h "f""""^d S °r «curi?ies
who shall approve of the release of same.
III.
State diversity,
pay and nt?5, £l^?&£L£ ll W °r 1»" Wl
upon any existing fun^f SteXn ? SinN^Lt,6^ °r-draft la"fuUy dra™
Roeonts shall have the rieht and oowar »^ ,? v OrSlty' thon the Boar<1 of
amount of money then on dlposU in sald^Losito^vTf"' " Pr°CUre the entiro
to
s-curiti., t. th.
10-45
authorized and empowered to proceed with the sale of such securities to the
extent necessary to permit the Hoard of Regents to receive in full its cash
balances theretofore in such Depository, and the money derived from such sale
shall be the property of Stephen F. Austin State University in an amount equal
to the funds of Stephen F. Austin State University in the Depository, and any
amount in excess thereof shall be the property of the Depository. Such sales
may be public or private and may be made in Nacogdoches, Texas, or elsewhere,
at the discretion of the Board of Regents, and shall convey such securities
absolutely to the purchaser thereof and no notice of such sale shall be
necessary.
IV.
It is agreed that said Depository shall have the privilege of substituting
or changing the securities herein pledged as occasion may require, subject, how
ever, to the approval of the Chief Fiscal Officer of the institution or his
representative.
V.
It is further agreed herein that the Trustee shall credit to the De
pository, the proceeds of interest coupons on such bonds or securities as they
become due until otherwise notified by the Board of Regents.
VI.
It is understood that the Trustee shall have no duty to ascertain the
amount of funds on deposit by the Board of Regents with the Depository nor the
validity or genuineness of securities deposited and that CD under Article III
Trustee has no duty to verify the circumstances but solely to comply with the
"demand" of Board of Regents. (2) Depository shall be entitled to income on
securities held by Trustee and Trustee may dispose of such income as directed
by Depository without approval of the Board of Regents.
VII.
It is further agreed that the Depository shall pay interest on all funds
deposited with it as time deposits at the following rates:-
Deposits of Any Amount
(a) Deposits of from 30 to 59 days, interest at 4.25%.
(b) Deposits of from 60 to 89 days, interest at 4.375-*;.
(c) Deposits of from- 90 to 120 days, interest at 4.50%.^
(d) Deposits of from 121 to 179 days, interest at 4.625%.
feT Deposits of from 180 to 270 days, interest at 4.75-4.
(f) Deposits of from 270 days to one year, interest at 4^.875-s.
(g) Deposits of from one year and over, interest at 5.00%.
-2-
10-46
47
^ ?2_ WITNESS OUR HANDS AKD OFFICIAL SEAL. this tho JSft iay of January
Attest:
Attest:
Attest:
FREDQNIA STATE BANK
Depository
■(/ f / ^^^
Board of Regents, Stephen F. Austin State
University
. A, /^>X7, a, scfrr, ,1 By.
1 TTiittllee ™- •
Approved as to Form:
STATE OF TEXAS
COUNTY OF NACOGDOCHES
48
WHEREAS, The
depository contract if ^be'con^
NOW. THEREFORE, the parties do hereby agree as follows:
I.
rates will be established8 for
June 1, 1972
September 1, 1972
December 1, 1972
March 1, 1973
June 1, 1973
through August 31, 1972
through November 30, 1972
through February 28, 1973
through May 31, 1973
through August 31, 1973
II.
each of It per'ds^rdesSaJerwnrh1'5 ^"^ hereUnder d
parties, but at the option of ?hfn • nefiotiated between the
rate less than the averse of the U™ersity>"il1 not be fixed at a
banks in Houston, Texas (First Citv M^-^1? ¥ the three & larSes
5s.2.?ssjr^£^
will be rounded to the nearest v! of ll "tes
10-48
the
in.
t ime d
49
derived from
IV.
pr°Visions of the original contract, bearing date
Sis2rr as they are herein L
January
WITNESS OUR HANDS AND OFFICIAL SEAL, this the 29 day of
iry 19 72 . y
Attest:
Title
Attest:
'/
Title
The Fredonia State Bank, Nacogdoches
Depository
By:
Title
Board of Regents, Stephen F. Austin
State University
By: /f£ 7/
Chairman
Approved as to Form:
By:
Assistant Attorney General of Texas
10-49
50
72-43
Upon motion of Regent Bergman seconded by Regent Perkins, with all
Regents voting aye, it was resolved that should a depository refuse
to accept the deposit of certificates of deposit in accordance with
the contract, that such action would be interpreted as a basis for
the termination of the contract.
72-44
Upon motion of Regent Tanner, seconded by Regent Thomas, with all
Regents voting aye, it was ordered that the Highway Department be
granted an easement of approximately twenty feet on the north side
of FM 1878 (Starr Avenue)from University Drive to FM 1411 for the
purpose of making FM 1878 into a four-lane road. Said easement
described as follows:
10-50
Texas Highway Department
Form D-15-15
Page 1 of 4
Rev. 10-61 51
STATE OF TEXAS
COUNTY OF Nncogdoches
RIGHT OF WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That Stephen F. Austin State University
of the County of Nacogdoches » State of Texas, hereinafter referred to as
Grantors, whether one or more, for and in consideration of the sum of
- No - D0LLA11S to Grantors in hand paid by the
State of Texas, acting by and through the State Highway Commission, receipt of which
is hereby acknowledged, and for which no lien is retained, either expressed or implied,
do by these presents grant, bargain, sell and convey unto the State of Texas, an ease
ment for highway purposes of laying out, opening, constructing, operating, maintaining
and reconstructing a highway facility thereon, together with necessary incidentals
and appurtenances thereto, in, along, upon and across the following described prop
erty in the County of Nacogdoches , State of Texas, and being more particularly
described as follows, to wit: Parcel No. 1
Being part of a tract of land that was conveyed to The State of Texas by Thomas C.
Hogan, et al by Judgement, Cause No. 4947, as recorded in Volume 7, page 529-532 of
the Civil Minutes of Nacogdoches County, Texas and by condemnation proceeding filed
with the Judge of the County Court of Nacogdoches County, Texas dated July 11, 1969
and recorded in Volume 356, page 537 of the Deed Records of Nacogdoches County, Texas.
Said tract being located approximately 2 miles Northeast from the Courthouse on the
North side of F.M. 1878 in the Antonio Arriola Survey, Abstract No. 5f the parcel
herein conveyed being thus described;
BEGINNING at a point on the present North right of way line of F.M. 1878, said
point being on the proposed North right of way line of F.M. 1878 and 65 feet from and
perpendicular to Engineers Station 21+84.00;
THENCE N 84°21f E along the proposed North right of way line of F.M. 1878 for
a distance of 616.02 feet to a point 70 feet from and perpendicular to Engineers
Station 28+00;
THENCE N 87°14f E along the proposed North right of way line of F.M. 1878 for
a distance of 356.17 feet to a point 55 feet from and perpendicular to Engineers
Station 31+55.85;
THENCE N 74°44f E along the proposed North right of way line qf F.M. 1878 for
a distance of 132.23 feet to a point 65 feet from and perpendicular to Engineers
Station 33+00;
THENCE N 69°32f E along the proposed North right of way line of F.M. 1878 for
a distance of 164.79 feet to a point 55 feet from and perpendicular to Engineers
Station 34+80, said point being on the present North right of way line of F.M. 1878;
THENCE S 20°55f W along said present North right of way line of F.M. 1878 for
a distance of 23.95 feet to a point 40 feet from and perpendicular to Engineers
Station 34+60, said point being in a curve to the right having a radius of 676.20 ft.;
THENCE around said curve along the present North right of way line, for a distance
of 286.93 feet (chord distance of 285.01 ft. at S 72°39f W), keeping 40 feet from and
10-SI
rage / ot 4
Rev. 10-61 52
:;:2H-ssrsfi as
of P.M. 1878 to a point 40 feet frl Si 2? Pnrnllel to the prcaent centcrline
THENCE N 83*0?. W along the present Flit tT** tO En«inee" Station 23+()J
—nee of „..« f..t to fr^^rS^'^X^^ 'i1878
d^^^S? ^f^VJf^? the Grantees agree t
water control and drainage measured and m'rln,^ £"?' W take a11 n'cessa
along the University property? C } rePlace the four-wire wood post fence
All such improvements being done at no cost to the University.
the above described property? to wit: Allowing improvements located on
Grantors covenant and agree to remove the above described improvements from said land
as may be granted by the~S^te^V^'^-UbJeCt\ ^weve^. to such extensions of time
f t l lS ^^3?? "' f°r ^ reaS°n CrantOrs fil
theS^te^V^^-\ ^. ensions refuse to remove sale itHnsalS ^riod^f3?? n' fail or
consideration, the titll to a or anv Lit ^ P5efCribed» then. w"hout any further
pass to and vest in the State o"f Texas forever toProveraent« ™t so removed shall
of
in and under said land but waiv. 1 a ,,' Sa8> 8ulphur and other mlneral interests
surface thereof for the purple If explorin d ^ f '^f688 Md egre8S t0 the
same; providd h JSj J^f deYeloPinS» »l»ln« or drilling for
provided, however that JoMatSj the
minerals shall be pemissible so Ion~ ?f exPi°ratlon or recovery of any such
with are located atTjoin^^outside of "Jh h""'^" Operations in connection there-condition
that none o/such operations shall h^ def rib^d P^perty, and upon the
land as to interfere with thf ?«?! a i shall be conducted so near the surface of said
Sjae^o'pdar'dti'zret hrporu 'belnidc'au^' ersth' th^freoHf' 1!,8 h°Vf^/hle,lSltatte °«H^*« «"y D^^r tinLt6Sr foerTec rWelatthe a
shall affect the rights of the State Ll,?B fended, however, that nothing herein
any water, stone, earth, gravel caliche iron "" ^ additlonal condensation
materials upon, in and under said land for £ °rG ? < ** ^ °Cher r°ad buildin8
State Highway Systen of "eras construction and maintenance of the
10-52
Form D-15-15
Pace 3 of 4
Rev. 10-61
53
•■■»' .......
Stephen F. Austin State Univerg-it
i_j5/4fc
Authorized by Board of Regents ITle^on January 29, 1972.
C, G. Haas, Comptroller
By:
C, G, Haas, Secretary t<
Board of Regents
SINGLE ACKNOWLEDGMENT
THE STATE OP TEXAS \
County of ...NACOGDOCHES !•
;
Before me, _t!le_under signed authority . ... .
... . —' a notary Publlc m and for said County and State, on
this day personally appeared Q.i..JG..__Haas_.
tha oath of 'known to me *or Proved to me on
is ° "~ -• a credible witness) to be the person whose name __